Case 3:17-cv-05659-WHA Document 67-11 Filed 04/19/18 Page 1 of 10
`Case 3:17-cv-05659-WHA Document 67-11 Filed 04/19/18 Page 1 of 10
`
`
`
`
`
`EXHIBIT 9
`EXHIBIT 9
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case 3:17-cv-05659-WHA Document 67-11 Filed 04/19/18 Page 2 of 10
`
`
`
`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 FRANCISCO DIVISION
`
`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
`
`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
`INTERROGATORIES TO DEFENDANT
`JUNIPER NETWORKS, INC. (NOS. 1-3)
`
`
`
`
`
`
`CASE NO.: 3:17-cv-05659-WHA
`
`
`
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`

`

`Case 3:17-cv-05659-WHA Document 67-11 Filed 04/19/18 Page 3 of 10
`
`
`
`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 Rules of Civil Procedure
`
`26 and 33, hereby requests that Defendant Juniper Networks, Inc. (“Juniper” or “Defendant”) provide
`
`verified answers to the following interrogatories separately, fully, and under oath within thirty (30)
`
`days of the date of service of these interrogatories in accordance with the following Definitions and
`
`Instructions. These interrogatories impose a continuing duty upon Defendants to promptly supplement
`
`in accordance with Federal Rule of Civil Procedure 26(e) and the Local Rules of the Northern District
`
`of California as Defendants become aware of, generates, or acquires additional knowledge or
`
`information responsive to these interrogatories.
`
`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 participate or now participates 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.
`
`4.
`
`The term “third party” shall mean any person or entity other than Finjan or Defendants.
`
`The term “Complaint” shall refer to Finjan’s Complaint for Patent Infringement in this
`
`case, filed on August 16, 2017, and any subsequently filed amended complaints.
`
`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 INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`CASE NO.: 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 67-11 Filed 04/19/18 Page 4 of 10
`
`
`
`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 “prior art” shall refer to all publications, patents, physical devices, prototypes,
`
`products, manufactures, uses, sales, offers for sale, imports, or other activities concerning the subject
`
`matter of the Asserted Patents and existing on or occurring at a date such as to be relevant under any
`
`subdivision of 35 U.S.C. §§ 102 or 103.
`
`8.
`
`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.
`
`9.
`
`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,
`
`2
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`CASE NO.: 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 67-11 Filed 04/19/18 Page 5 of 10
`
`
`
`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
`
`
`
`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
`
`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.
`
`10.
`
`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.
`
`11.
`
`12.
`
`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.
`
`13.
`
`14.
`
`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.
`
`15.
`
`16.
`
`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.
`
`3
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`CASE NO.: 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 67-11 Filed 04/19/18 Page 6 of 10
`
`
`
`INSTRUCTIONS
`
`1.
`
`In answering the following requests, please furnish all available information including
`
`information in the possession, custody, or control of any of Defendants’ attorneys, directors, officers,
`
`agents, employees, representatives, associates, investigators, divisions, affiliates, partnerships, parents,
`
`subsidiaries, and persons under Defendants’ control who have the best knowledge, not merely
`
`information known to Defendants based on Defendants’ 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 Defendants have 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.
`
`4
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`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 67-11 Filed 04/19/18 Page 7 of 10
`
`
`
`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:
`
`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 Defendants’ response to a particular request is a statement that Defendants lack the
`
`ability to comply with that request, Defendants 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
`
`Defendants, in which case Defendants shall identify the name and address of any person or entity
`
`known or believed by Defendants to have possession, custody, or control of that information or
`
`category of information.
`
`
`
`5
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`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 67-11 Filed 04/19/18 Page 8 of 10
`
`
`
`INTERROGATORY NO. 1:
`
`INTERROGATORIES
`
`Describe in detail when and under what circumstances You first became aware of the existence
`
`of the Asserted Patents and what actions You took upon becoming aware of the Asserted Patents,
`
`including but not limited to, any efforts by You or any other person or entity to assess the validity,
`
`infringement or enforceability of the Asserted Patents or to design around or avoid infringement of the
`
`Asserted Patents, the identity of all persons with knowledge of such facts and circumstances, and the
`
`identity of all documents reflecting such facts and circumstances.
`
`INTERROGATORY NO. 2:
`
`For each of the Accused Instrumentalities, identify all releases or versions that are or have been
`
`made, used, offered for sale, sold in the United States, or imported into the United States by You or on
`
`Your behalf from the year 2012 to the present.
`
`INTERROGATORY NO. 3:
`
`For the source code that You produced or made available for inspection or will produce and
`
`make available for inspection, identify the products that correspond to the source code including the
`
`name and version number of each product, the directories and subdirectories of the source code
`
`corresponding to the active source code incorporated into each of the products, the last date the source
`
`code was modified for each of the products, and which portion, if any, of the code You contend is prior
`
`art to the Asserted Patents.
`
`///
`
`///
`
`///
`
`6
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`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 67-11 Filed 04/19/18 Page 9 of 10
`
`
`
`
`
`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
`
`
`
`
`7
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`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 67-11 Filed 04/19/18 Page 10 of 10
`
`
`
`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:
`
`PLAINTIFF FINJAN, INC.’S FIRST SET OF INTERROGATORIES
`TO DEFENDANT JUNIPER NETWORKS, INC. (NOS. 1-3)
`
`
`
`by electronic mail, addressed as follows:
`
`
`Joshua Popik Glucoft
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`jglucoft@irell.com
`
`
`Rebecca Lyn Carson
`Nima Hefazi
`Irell & Manella LLP
`840 Newport Center Dr., Suite 400
`Newport Beach, CA 92660
`rclifford@irell.com
`nhefazi@irell.com
`
`
`
`
`
`I declare under penalty of perjury that the foregoing is true and correct. Executed on February
`
`23, 2018, in Menlo Park, California.
`
`
`
`
`
`
`__________________________
` Steven D. Dennison
`
`8
`FINJAN’S FIRST SET OF INTERROGATORIES
`TO JUNIPER NETWORKS (NOS. 1–3)
`
`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
`
`
`
`