`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 1 of 17
`
`EXHIBIT 8
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 2 of 17
`
`
`
`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCICO DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`Defendant.
`
`
`
`
`
`
`
`Case No.: 3:17-cv-05659-WHA
`
`
`PLAINTIFF FINJAN, INC.’S FIRST SET
`OF REQUESTS FOR PRODUCTION OF
`DOCUMENTS TO DEFENDANT
`JUNIPER NETWORKS, INC. (NOS. 1-60)
`
`
`
`
`
`
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 3 of 17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Plaintiff Finjan, Inc. (“Finjan”), by counsel, and pursuant to Federal Rule of Civil Procedure
`
`33, hereby requests that Defendant Juniper Networks Inc. (“Juniper”) produce the following
`
`documents for inspection and copying within thirty (30) days of the date of service of these requests at
`
`the offices of Kramer Levin Naftalis & Frankel LLP, 990 Marsh Road in Menlo Park, California
`
`94025, in accordance with the following Definitions and Instructions. These requests impose a
`
`continuing duty upon Juniper to supplement promptly in accordance with Federal Rule of Civil
`
`Procedure 26(e) and the Local Rules of the Northern District of California as Juniper becomes aware
`
`of, generates, or acquires additional knowledge or information responsive to these requests.
`
`DEFINITIONS
`
`1.
`
`The terms “You,” “Your,” and “Defendant” shall mean Juniper Networks Inc., Your
`
`present and former directors, officers, employees, parent organization(s), subsidiary organization(s),
`
`predecessors in interest, successors in interest, divisions, servants, agents, attorneys, consultants,
`
`partners, associates, investigators, representatives, accountants, financial advisors, distributors and any
`
`other person acting on Your behalf, pursuant to Your authority or subject to Your control, including
`
`any and all joint ventures or other legal entities of any type whatsoever in which You own or owned
`
`any interest, receive or received any payments, and/or participated or now participate in any manner.
`
`2.
`
`The term “Finjan” shall mean Finjan, its present and former directors, officers,
`
`employees, parent organization(s), subsidiary organization(s), predecessors in interest, successors in
`
`interest, divisions, servants, agents, attorneys, consultants, partners, associates, investigators,
`
`representatives, accountants, financial advisors, distributors and any other person acting on its behalf,
`
`pursuant to its authority or subject to its control.
`
`3.
`
`The term “third party” shall mean any person or entity other than Finjan or Defendant.
`
`4.
`case, filed on September 29, 2017, and any subsequently filed amended complaints. See Dkt. No. 1.
`
`The term “Complaint” shall refer to Finjan’s Complaint for Patent Infringement in this
`
`5.
`
`The term “Asserted Patents” shall mean U.S. Patent Nos.: 6,154,844 (“the ‘844
`
`Patent”); 6,804,780 (“the ‘780 Patent”), 7,613,926 (“the ‘926 Patent”); 7,613,633 (“the ‘633 Patent”);
`
`8,141,154 (“the ‘154 Patent”), and 8,677,494 (“the ‘494 Patent”), collectively.
`
`1
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 4 of 17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`6.
`
`The term “Accused Instrumentalities” shall include the following Juniper products and
`
`services: Defendant’s SRX Gateways including the: SRX110; SRX220; SRX300; SRX550; SRX1400;
`
`SRX1500; SRX3400; SRX3600; SRX4000; SRX5400; SRX5600; and SRX5800 gateway appliances,
`
`as well as the vSRX Virtual Firewall and cSRX Container Firewall (collectively, “SRX Gateways”) as
`
`described in the Complaint, including but not limited to at Exhibit 9 and paragraphs 43-52;
`
`Defendant’s Sky Advanced Threat Protection or “Sky ATP” and Advanced Threat Protection
`
`Appliance, as described in the Complaint, including but not limited to at Exhibit 10 and paragraphs 43-
`
`52; Defendant’s Junos Space Security Director, as described in the Complaint, including but not
`
`limited to at Exhibit 16 and paragraphs 43-52; and Defendant’s Contrail, as described in the
`
`Complaint, including but not limited to at Exhibit 17 and paragraphs 43-52. The term “Accused
`
`Instrumentalities” shall also include any and all previous or currently contemplated versions, revisions,
`
`releases, or continuations of said Juniper products and services, and all additional products accused of
`
`infringement by Finjan in this action in infringement contentions or similar pleadings.
`
`7.
`
`The term “person” or “entity” shall refer to any individual, corporation, proprietorship,
`
`association, joint venture, company, partnership, or other business or legal entity, including
`
`governmental bodies and agencies. The masculine includes the feminine and vice versa; the singular
`
`includes the plural and vice versa.
`
`8.
`
`The term “document(s)” shall have the broadest meaning ascribed to it by Federal Rule
`
`of Civil Procedure 34 and Federal Rule of Evidence 1001, and shall include within its meaning any and
`
`all papers, videotapes or video recordings, photographs, films, recordings, memoranda, books, records,
`
`accounts, letters, telegrams, correspondence, notes of meetings, notes of conversations, notes of
`
`telephone calls, inter-office memoranda or written communications of any nature, recordings of
`
`conversations either in writing or by means of any mechanical or electrical recording device, notes,
`
`papers, reports, analyses, invoices, canceled checks or check stubs, receipts, minutes of meetings, time
`
`sheets, diaries, desk calendars, ledgers, schedules, licenses, financial statements, telephone bills, logs,
`
`and any differing versions of the foregoing whether denominated formal, informal, or otherwise, as
`
`well as copies of the foregoing which differ in any way, including handwritten notations or other
`
`2
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 5 of 17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`written or printed matter of any nature, from the original. The foregoing specifically includes the
`
`information stored in any form, including electronic form, on a computer or in a computer database or
`
`otherwise, including electronic mail. Moreover, the term “document” shall also include all “technical
`
`documents,” such as source code, specifications, schematics, flow charts, artwork, drawings, pictures,
`
`pictorial representations, formulas, troubleshooting guides, service bulletins, technical bulletins,
`
`production specification sheets, white papers, operator manuals, operation manuals, and instruction
`
`manuals.
`
`9.
`
`The term “communication” shall mean, including its usual and customary meaning, any
`
`transmission, conveyance or exchange of a word, statement, fact, thing, idea, document, instruction,
`
`information, demand, or question by any medium, whether by written, oral, or other means, including,
`
`but not limited to, electronic communications and electronic mail.
`
`10.
`
`11.
`
`The term “thing” shall mean any tangible object, other than a document.
`
`The terms “relate to,” “reflecting,” “relating to,” “concerning,” or any variations
`
`thereof, shall mean relating to, referring to, concerning, mentioning, reflecting, regarding, pertaining
`
`to, evidencing, involving, describing, discussing, commenting on, embodying, responding to,
`
`supporting, contradicting, or constituting (in whole or in part), or are between (as in the context of
`
`communications), as the context makes appropriate.
`
`12.
`
`13.
`
`The term “including” shall mean including but not by way of limitation.
`
`The words “and” and “or” shall be construed conjunctively or disjunctively in a manner
`
`making the request inclusive rather than exclusive.
`
`14.
`
`15.
`
`The term “any” shall mean “any and all” and the term “all” shall mean “any and all.”
`
`The singular of any word or phrase shall include the plural of such word or phrase, and
`
`the plural of any word or phrase shall include the singular of such word or phrase.
`
`INSTRUCTIONS
`
`1.
`
`In answering the following requests, please furnish all available information including
`
`information in the possession, custody, or control of any of Defendant’s attorneys, directors, officers,
`
`agents, employees, representatives, associates, investigators, divisions, affiliates, partnerships, parents,
`
`3
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 6 of 17
`
`
`
`subsidiaries, and persons under Defendant’s control who have the best knowledge, not merely
`
`information known to Defendant based on Defendant’s own personal knowledge. If You cannot fully
`
`respond to the following requests after exercising due diligence to secure the information requested
`
`thereby, so state, and specify the portion of each request that cannot be responded to fully and
`
`completely. In the latter event, state what efforts were made to obtain the requested information and
`
`the facts relied upon that support the contention that the request cannot be answered fully and
`
`completely, and state what knowledge, information, or belief Defendant has concerning the
`
`unanswered portion of any such request.
`
`2.
`
`All documents must be produced in accordance with the requirements of Federal Rule
`
`of Civil Procedure 34(b) and per the following instructions:
`
`a.
`
`Electronic records and computerized information shall be produced in an
`
`intelligible format, together with a description of the system from which they
`
`were derived sufficient to permit rendering the records and information
`
`intelligible;
`
`b.
`
`Selection of documents from the files and other sources and the numbering of
`
`such documents shall be performed in such a manner as to ensure that the source
`
`of each document can be determined;
`
`c.
`
`d.
`
`File folders with tabs or labels or directories of files identifying documents shall
`
`be produced intact with such documents;
`
`Documents attached to each other shall not be separated. All documents that
`
`respond, in whole or in part, to any portion of any request shall be produced in
`
`their entirety, including all addenda, appendices, attachments and enclosures.
`
`3.
`
`If any information requested is claimed to be privileged or otherwise, provide all
`
`information falling within the scope of the request that is not privileged, and for each item of
`
`information contained in a document to which a claim of privilege is made, identify such document
`
`with sufficient particularity for purposes of a motion to compel, such identification to include at least
`
`the following:
`
`4
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 7 of 17
`
`
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`the basis on which the privilege is claimed;
`
`the names and positions of the author of the document and all other persons
`
`participating in the preparation of the document;
`
`the name and position of each individual or other person to whom the document,
`
`or a copy thereof, was sent or otherwise disclosed;
`
`the date of the document;
`
`a description of any accompanying material transmitted with or attached to such
`
`document;
`
`the number of pages in such document;
`
`the particular request to which such document is responsive; and
`
`whether any business or non-legal matter is contained or discussed in such
`
`document.
`
`4.
`
`If Defendant’s response to a particular request is a statement that Defendant lacks the
`
`ability to comply with that request, Defendant shall specify whether the inability to comply is because
`
`the particular item or category of information never existed, has been destroyed, has been lost,
`
`misplaced, or stolen, or has never been, or is no longer in the possession, custody, or control of
`
`Defendant, in which case Defendant shall identify the name and address of any person or entity known
`
`or believed by Defendant to have possession, custody, or control of that information or category of
`
`information.
`
`REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS
`
`REQUEST FOR PRODUCTION NO. 1:
`
`All documents, communications, or things relating to Finjan and its patents.
`
`REQUEST FOR PRODUCTION NO. 2:
`
`All documents, communications, or things relating to the Asserted Patents, including documents
`
`or communications with third parties.
`
`5
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 8 of 17
`
`
`
`REQUEST FOR PRODUCTION NO. 3:
`
`All documents, communications, or things relating to the timing and circumstances of the
`
`moment You first became aware of each of the Asserted Patents.
`
`REQUEST FOR PRODUCTION NO. 4:
`
`All documents, communications, or things relating to any investigation or analysis You
`
`performed of any of the Asserted Patents.
`
`REQUEST FOR PRODUCTION NO. 5:
`
`Documents, communications, or things sufficient to show the infringement or non-infringement
`
`of the Asserted Patents by You or any other person or entity, including but not limited to, all
`
`documents, communications, or things relating to Your efforts to assess the validity, infringement, or
`
`enforceability of the Asserted Patents or to design around or avoid infringing the Asserted Patents.
`
`REQUEST FOR PRODUCTION NO. 6:
`
`Documents, communications, or things sufficient to show the alleged non-infringing
`
`alternatives to the inventions of the Asserted Patents.
`
`REQUEST FOR PRODUCTION NO. 7:
`
`Documents, communications, or things sufficient to show any alleged prior art to, or searches
`
`for prior art, regarding the Asserted Patents.
`
`REQUEST FOR PRODUCTION NO. 8:
`
`Documents, communications, or things sufficient to show the scope, patentability, novelty,
`
`validity, invalidity, enforceability, or unenforceability of any claim of the Asserted Patents.
`
`REQUEST FOR PRODUCTION NO. 9:
`
`Documents, communications, or things sufficient to show any secondary consideration or other
`
`objective evidence of non-obviousness of the Asserted Patents, including but not limited to any long-
`
`felt need, failure of others, commercial success, copying of the claimed invention by others,
`
`unexpected or superior results from the claimed invention, licensing or praise by others, criticism by
`
`others, or any other objective indicia of non-obviousness.
`
`6
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 9 of 17
`
`
`
`REQUEST FOR PRODUCTION NO. 10:
`
`All documents, communications, or things related to Your reliance on the advice of counsel as a
`
`defense to Finjan’s claim that You willfully infringed and continue to willfully infringe the Asserted
`
`Patents.
`
`REQUEST FOR PRODUCTION NO. 11:
`
`All documents, communications, or things relating to the design, development, structure,
`
`architecture, testing, research, updating or operation for each of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 12:
`
`All technical and marketing documents, communications, or things discussing or regarding the
`
`components of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 13:
`
`All documents, communications, or things relating to any database or database schema relating
`
`to, created for, referenced by, or used by any of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 14:
`
`All documents, communications, or things relating to any presentations, overviews, technical
`
`overviews, power point slides, or briefing related to any of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 15:
`
`All documents, communications, or things relating to any API (Application Program Interface)
`
`specifications, functional specifications, flow charts, architecture diagrams, or design documents related
`
`to any of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 16:
`
`Copies of the source code for each of the Accused Instrumentalities, including but not limited
`
`to, all past and present releases, versions, updates, or upgrades.
`
`REQUEST FOR PRODUCTION NO. 17:
`
`Working copies of the most recent version of each of the Accused Instrumentalities.
`
`7
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 10 of 17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`REQUEST FOR PRODUCTION NO. 18:
`
`Documents, communications, or things sufficient to show the in-licensing or out-licensing of
`
`patents or technology related to the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 19:
`
`Documents, communications, or things sufficient to show the first offer for sale and sale of each
`
`of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 20:
`
`Documents, communications, or things sufficient to show any sales or revenue generated from
`
`each of the Accused Instrumentalities from the year 2012 to the present.
`
`REQUEST FOR PRODUCTION NO. 21:
`
`Documents, communications, or things sufficient to show the sales or revenue forecasts for each
`
`of the Accused Instrumentalities generated in the past six (6) years, which forecast sales or revenue for
`
`the year 2012 or any year past 2012.
`
`REQUEST FOR PRODUCTION NO. 22:
`
`Documents, communications, or things sufficient to show the market share of each of the
`
`Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 23:
`
`Documents, communications, or things sufficient to show the pricing of each of the Accused
`
`Instrumentalities from the year 2012 to the present.
`
`REQUEST FOR PRODUCTION NO. 24:
`
`Documents, communications, or things sufficient to show the costs associated with of each of
`
`the Accused Instrumentalities from the year 2012 to the present, including but not limited to,
`
`production costs, marketing costs, distribution costs, research and development costs, advertising costs
`
`and costs to update.
`
`REQUEST FOR PRODUCTION NO. 25:
`
`Documents, communications, or things sufficient to show the gross profits of each of the
`
`Accused Instrumentalities from the year 2012 to the present.
`
`8
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 11 of 17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`REQUEST FOR PRODUCTION NO. 26:
`
`Documents, communications, or things sufficient to show the net profits associated with each of
`
`the Accused Instrumentalities from the year 2012 to the present.
`
`REQUEST FOR PRODUCTION NO. 27:
`
`Summaries of the revenue, sales, pricing, costs, gross profits, net profits, and market share of
`
`each of the Accused Instrumentalities from the year 2012 to the present.
`
`REQUEST FOR PRODUCTION NO. 28:
`
`All documents, communications, or things related to any agreements between You and any
`
`third party related to the development, testing, manufacture, distribution, sale, updating, or importation
`
`of each of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 29:
`
`Documents, communications, or things sufficient to show any marketing, advertising, or
`
`promotion of each of the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 30:
`
`Documents, communications, or things sufficient to show any market reports, industry reports,
`
`competitive analyses, surveys, or studies in the past six (6) years, related to the Accused
`
`Instrumentalities, any of Your competitors, or any competing products of the Accused Instrumentalities,
`
`including but not limited to any analyses relating to customer purchasing habits, desires, needs, or
`
`preferences.
`
`REQUEST FOR PRODUCTION NO. 31:
`
`Documents, communications, or things sufficient to show any products or services sold, offered
`
`for sale, marketed, or bundled with each of the Accused Instrumentalities from the year 2012 to the
`
`present.
`
`REQUEST FOR PRODUCTION NO. 32:
`
`Documents, communications, or things sufficient to identify each of the Accused
`
`Instrumentalities by type and model number, including any internal names used within Juniper for each
`
`of the Accused Instrumentalities.
`
`9
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 12 of 17
`
`
`
`REQUEST FOR PRODUCTION NO. 33:
`
`Documents, communications, or things sufficient to show the process by which You detect new
`
`malware or security threats or update the Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 34:
`
`Documents, communications, or things sufficient to show the location where the Accused
`
`Instrumentalities are developed, tested, manufactured, distributed, sold, updated and imported.
`
`REQUEST FOR PRODUCTION NO. 35:
`
`Documents, communications, or things sufficient to show the operation, functionality, design,
`
`development, testing, manufacturing, distribution, sale, updating and import of SRX Gateways (as
`
`described in Finjan’s Complaint, including at Exhibit 9).
`
`REQUEST FOR PRODUCTION NO. 36:
`
`Documents, communications, or things sufficient to show the operation, functionality, design,
`
`development, testing, manufacturing, distribution, sale, updating and import of Sky Advanced Threat
`
`Protection (as described in Finjan’s Complaint, including at Exhibit 10).
`
`REQUEST FOR PRODUCTION NO. 37:
`
`Documents, communications, or things sufficient to show the operation, functionality, design,
`
`development, testing, manufacturing, distribution, sale, updating and import of the malware inspection
`
`pipeline in Sky Advanced Threat Protection (as described in Finjan’s Complaint, including at Exhibit
`
`10).
`
`REQUEST FOR PRODUCTION NO. 38:
`
`Documents, communications, or things sufficient to show the operation, functionality, design,
`
`development, testing, manufacturing, distribution, sale, updating and import of dynamic analysis
`
`performed by the Sky Advanced Threat Protection (as described in Finjan’s Complaint, including at
`
`Exhibit 10).
`
`10
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 13 of 17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`REQUEST FOR PRODUCTION NO. 39:
`
`Documents, communications, or things sufficient to show the operation, functionality, design,
`
`development, testing, manufacturing, distribution, sale, updating and import of static analysis performed
`
`by the Sky Advanced Threat Protection (as described in Finjan’s Complaint, including at Exhibit 10).
`
`REQUEST FOR PRODUCTION NO. 40:
`
`Documents, communications, or things sufficient to show the operation, functionality, design,
`
`development, testing, manufacturing, distribution, sale, updating and import of the cache in the malware
`
`inspection pipeline of the Sky Advanced Threat Protection (as described in Finjan’s Complaint,
`
`including at Exhibit 10).
`
`REQUEST FOR PRODUCTION NO. 41:
`
`Documents, communications, or things sufficient to show the operation, functionality, design,
`
`development, testing, manufacturing, distribution, sale, updating and import of Junos Space Security
`
`Director (as described in Finjan’s Complaint, including at Exhibit 16).
`
`REQUEST FOR PRODUCTION NO. 42:
`
`Documents, communications, or things sufficient to show to the operation, functionality,
`
`design, development, testing, manufacturing, distribution, sale, updating and import of Contrail (as
`
`described in Finjan’s Complaint, including at Exhibit 17).
`
`REQUEST FOR PRODUCTION NO. 43:
`
`Documents, communications, or things sufficient to show Your organizational structure with
`
`respect to research, development, engineering, manufacture, assembly, testing, marketing, distribution,
`
`sale, licensing, updating and importation of each of the Accused Instrumentalities, including
`
`organizational charts.
`
`REQUEST FOR PRODUCTION NO. 44:
`
`All documents, communications, or things relating to the instant litigation.
`
`REQUEST FOR PRODUCTION NO. 45:
`
`All documents, communications, or things on which You intend to rely in support of or
`
`opposition to any claim or defense in this litigation.
`
`11
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 14 of 17
`
`
`
`REQUEST FOR PRODUCTION NO. 46:
`
`Documents, communications, or things sufficient to show Your policies or practices regarding
`
`the retention or destruction of hard copy or electronic documents and hard copy or electronic versions of
`
`source code.
`
`REQUEST FOR PRODUCTION NO. 47:
`
`All documents, communications, or things exchanged between You and any other person or
`
`entity, relating to any litigation involving Finjan.
`
`REQUEST FOR PRODUCTION NO. 48:
`
`All documents, communications, or things exchanged between You and any other person or
`
`entity, regarding any post-grant proceedings before the U.S. Patent and Trademark Office, including
`
`but not limited to any reexamination or inter partes review proceedings, within the past six (6) years.
`
`REQUEST FOR PRODUCTION NO. 49:
`
`Documents, communications, or things sufficient to show any valuation, appraisal, offer, or any
`
`other indication of Your economic value, within the past six (6) years.
`
`REQUEST FOR PRODUCTION NO. 50:
`
`Documents, communications, or things sufficient to show the billings and the revenues for the
`
`Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 51:
`
`Documents, communications, or things sufficient to show the number of users or unique users
`
`and their geographic locations (e.g., United States vs. rest of world) for each release or version of the
`
`Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 52:
`
`Documents, communications, or things sufficient to show the pricing of licenses for users and/or
`
`seats for the Accused Instrumentalities.
`
`12
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 15 of 17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`REQUEST FOR PRODUCTION NO. 53:
`
`Documents, communications, or things sufficient to show any valuations performed by You or
`
`on Your behalf of the Accused Instrumentalities, including any components, parts, and/or features of
`
`such Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 54:
`
`Documents, communications, or things sufficient to identify payments, revenues, or royalties
`
`obtained by You from licensing the Accused Instrumentalities, including any components, parts, and/or
`
`features of such Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 55:
`
`Documents, communications, or things sufficient to show the number of scans or average
`
`number of scans performed by the Accused Instrumentalities, including identification of the technology
`
`or component thereof that is involved in the scan, and the geographic locations where the accused
`
`instrumentalities perform these scans (e.g., United States vs. rest of the world) since the date of first sale.
`
`REQUEST FOR PRODUCTION NO. 56:
`
`Documents, communications, or things sufficient to show the number of scans or average
`
`number of scans per hour, day, month or year or by license, seat or user or by geographic location since
`
`the date of first sale through the present.
`
`REQUEST FOR PRODUCTION NO. 57:
`
`Documents, communications, or things sufficient to show the number and types of malware
`
`detected by the Accused Instrumentalities (and each technology or component thereof) per hour, day,
`
`month, or year since the date of first sale.
`
`REQUEST FOR PRODUCTION NO. 58:
`
`Documents, communications, or things sufficient to show Your tracking of the use of the
`
`Accused Instrumentalities.
`
`REQUEST FOR PRODUCTION NO. 59:
`
`All documents, communications, or things relating to any surveys of Your customers regarding
`
`You, Your products, and Your competitors’ products.
`
`13
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 16 of 17
`
`
`
`REQUEST FOR PRODUCTION NO. 60:
`
`Documents, communications, or things sufficient to show any of Your business plans within
`
`the past six (6) years.
`
`
`
`
`Dated: February 23, 2018
`
`
`By: /s/ Kristopher Kastens
`
`
`Paul J. Andre (State Bar. No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`Kristopher Kastens (State Bar No. 254797)
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`kkastens@kramerlevin.com
`
`
`
`
`
`14
`FINJAN’S FIRST SET OF REQUESTS FOR PRODUCTION
`OF DOCUMENTS TO JUNIPER NETWORKS (NOS. 1–60)
`
`CASE NO. 3:17-cv-05659-WHA
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`Case 3:17-cv-05659-WHA Document 67-10 Filed 04/19/18 Page 17 of 17
`
`
`
`PROOF OF SERVICE
`
`I, Steven D. Dennison, am employed in the Menlo Park, California office of Kramer Levin
`
`Naftalis & Frankel LLP. I am over the age of 18 and not a party to the within action. My business
`
`address is 990 Marsh Road, Menlo Park, California 94025. I am readily familiar with the firm’s
`
`practice of collecting and processing of mail for mailing with the U.S. Postal Service and overnight
`
`delivery services.
`
`On February 23, 2018, I caused the following document(s) to be served:
`
`PLAIN