`
`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua Glucoft (SBN 301249)
`jglucoft@irell.com
`Casey Curran (SBN 305210)
`ccurran@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`
`Rebecca Carson (SBN 254105)
`rcarson@irell.com
`Kevin Wang (SBN 318024)
`kwang@irell.com
`840 Newport Center Drive, Suite 400
`Newport Beach, California 92660-6324
`Telephone: (949) 760-0991
`Facsimile: (949) 760-5200
`
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10497878
`
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`vs.
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`
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`Defendant.
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`Case No. 3:17-cv-05659-WHA
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`DECLARATION OF JOSHUA GLUCOFT
`IN SUPPORT OF DEFENDANT JUNIPER
`NETWORKS, INC.’S OPPOSITION TO
`MOTION FOR LEAVE TO AMEND
`COMPLAINT
`
`
`DECL. OF JOSHUA GLUCOFT ISO JUNIPER’S
`OPPOSITION TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
`
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`Case 3:17-cv-05659-WHA Document 77-1 Filed 05/01/18 Page 2 of 4
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`DECLARATION OF JOSHUA GLUCOFT
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`I, Joshua Glucoft, declare as follows:
`1.
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`I am an attorney at the law firm of Irell & Manella LLP, counsel of record for
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`Juniper Networks, Inc. in the above-captioned action. I am a member in good standing of the
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`State Bar of California and have been admitted to practice before this Court. I have personal
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`knowledge of the facts set forth in this Declaration and, if called as a witness, could and would
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`testify competently to such facts under oath.
`2.
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`I submit this declaration in support of Juniper Networks, Inc.’s (“Juniper”)
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`opposition to Finjan, Inc.’s (“Finjan”) Motion for Leave to Amend its Complaint (“motion for
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`leave”) (Dkt. No. 67).
`3.
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`Attached as Exhibit A to Juniper’s Opposition to Finjan’s motion for leave is a true
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`and correct copy of email exchanges between Julie Mar-Spinola, Finjan’s Chief Intellectual
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`Property Officer, and Meredith McKenzie, Juniper’s Deputy General Counsel, from October 2017.
`4.
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`Attached as Exhibit B to Juniper’s Opposition to Finjan’s motion for leave is a true
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`and correct copy of a March 15, 2018 email that I sent to Kris Kastens of Kramer Levin Naftalis &
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`Frankel LLP, counsel for Finjan.
`5.
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`Attached as Exhibit C to Juniper’s Opposition to Finjan’s motion for leave is a true
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`and correct copy of excerpts from the transcript of proceedings on April 17, 2018 for this case,
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`where this Court ruled on Finjan’s motion to compel production that was filed on April 6, 2018.
`6.
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`Attached as Exhibit D to Juniper’s Opposition to Finjan’s motion for leave is a true
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`and correct copy of an April 24, 2018 email that Sharon Song, counsel for Juniper, sent to counsel
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`for Finjan.
`7.
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`Attached as Exhibit E to Juniper’s Opposition to Finjan’s motion for leave is a true
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`and correct copy of a February 12, 2018 email from Kris Kastens of Kramer Levin Naftalis &
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`Frankel LLP, counsel for Finjan, to me.
`8.
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`On March 19, 2018, Juniper produced its source code for the SRX, Sky ATP, and
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`Space Security Director products. On March 7, 2018, Juniper produced more than 160,000 pages
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`of technical documents related to these products. On April 13, 2018, Juniper produced
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10497878
`
`
`DECL. OF JOSHUA GLUCOFT ISO JUNIPER’S
`OPPOSITION TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
`
`- 1 -
`
`
`
`Case 3:17-cv-05659-WHA Document 77-1 Filed 05/01/18 Page 3 of 4
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`approximately 7,600 pages of highly confidential technical documents related to these products,
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`including design and development documents for Sky ATP, and substantial portions of Juniper’s
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`production of design and development documents for SRX and Space Security Director. On April
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`23, 2018, Juniper produced approximately 300,000 additional pages of highly confidential
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`technical documents related to the three accused products in the original complaint. On April 30,
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`2018, Juniper produced another roughly 100,000 additional pages of highly confidential technical
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`documents related to those products. Juniper has completed its production of technical documents
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`related to the SRX, Sky ATP, and Space Security Director products, except for those documents
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`subject to privilege and other applicable objections.
`9.
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`Juniper’s Sky ATP is a distinct product from the ATP Appliance. The source code
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`that Juniper collected and produced for Sky ATP is different from the source code used in the ATP
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`Appliance.
`10.
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`On April 3, 2018, I met and conferred with Finjan’s counsel over discovery. I
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`informed Finjan that it was improper for Finjan to seek discovery on the ATP Appliance until
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`Finjan amended its Complaint. I also informed Finjan during this meet and confer that Juniper
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`was willing to stipulate to allow Finjan to amend its Complaint if Finjan agreed to exclude the
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`ATP Appliance from early summary judgment. Finjan did not accept Juniper’s offer to stipulate
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`to allow Finjan to amend its Complaint.
`11.
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`On April 24, 2018, Sharon Song, counsel for Juniper, emailed counsel for Finjan
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`asking Finjan to withdraw its current motion for leave and file a new motion for leave with a
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`proposed complaint that does not actually assert willfulness. See Ex. D, supra ¶ 6. Juniper did not
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`receive any response from Finjan to this email.
`12.
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`At Finjan’s request, four depositions of Juniper engineers are in the process of
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`being scheduled through the month of May 2018.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10497878
`
`
`DECL. OF JOSHUA GLUCOFT ISO JUNIPER’S
`OPPOSITION TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
`
`- 2 -
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`
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`Case 3:17-cv-05659-WHA Document 77-1 Filed 05/01/18 Page 4 of 4
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`Executed this 1st day of May, 2018, at Los Angeles, California.
`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
`
` /s/ Joshua Glucoft
`
` Joshua Glucoft
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10497878
`
`
`DECL. OF JOSHUA GLUCOFT ISO JUNIPER’S
`OPPOSITION TO MOTION FOR LEAVE TO AMEND
`Case No. 3:17-cv-05659-WHA
`
`- 3 -
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