`
`
`
`PAUL J. 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
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`
`
`
`
`Defendant.
`
`
`Case No.: 3:17-cv-05659-WHA
`
`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S NOTICE OF MOTION
`AND MOTION FOR LEAVE TO FILE
`SECOND AMENDED COMPLAINT
`
`Date: July 5, 2018
`Time: 8:00 am
`Judge: Honorable William Alsup
`Dept.: Courtroom 12, 19th Floor
`
`
`
`
`
`
`
`KASTENS DECL. IN SUPPORT OF FINJAN’S MOTION
`FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
`
`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 91-1 Filed 05/31/18 Page 2 of 3
`
`
`
`I, Kristopher Kastens, declare:
`1.
`2.
`
`I have personal knowledge of the facts stated herein.
`
`I am licensed to practice law in the State of California and am an attorney at Kramer
`
`Levin Naftalis & Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I make this declaration in
`
`support of Plaintiff Finjan, Inc.’s Notice of Motion and Motion for Leave to File Second Amended
`
`Complaint.
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of the Second Amended
`
`Complaint that Finjan seeks leave to file in this case.
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of pages 226–228 from the
`
`deposition transcript of Yuly Tenorio, dated May 9, 2018.
`5.
`
`Attached hereto as Exhibit 3 is a true and correct copy of U.S. Patent No. 7,418,731 (the
`
`“’731 Patent”).
`6.
`
`Attached hereto as Exhibit 4 is a true and correct copy of an email from Kristopher
`
`Kastens, counsel for Finjan, to Josh Glucoft, counsel for Juniper, dated May 25, 2018.
`7.
`
`Attached hereto as Exhibit 5 is a true and correct copy of a redline version of the
`
`proposed Second Amended Complaint.
`8.
`
`Finjan conducted a source code review of Juniper’s source code from May 15, 22–25,
`
`2018.
`
`9.
`
`On May 29, 2018, the parties met and conferred, during which Juniper indicated it
`
`would consider Finjan’s amendment in exchange for additional time to depose Finjan’s witness to
`
`discuss issues related to notice of the ‘731 Patent.
`10.
`
`On May 30, 2018, Finjan informed Juniper that it would agree to allow Juniper two
`
`additional hours with a Finjan witness if Juniper stipulated to the amendment.
`11.
`
`Finjan proposed a modification to the claim construction schedule to accommodate
`
`Juniper and the inclusion of the ‘731 Patent to this case. Finjan also requested Juniper provide a
`
`proposed modified schedule.
`
`1
`KASTENS DECL. IN SUPPORT OF FINJAN’S MOTION
`FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
`
`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 91-1 Filed 05/31/18 Page 3 of 3
`
`
`
`12.
`
`On the date Finjan brought this motion, Finjan provided Juniper with its proposed
`
`Second Amended Complaint and requested that Juniper indicate by 2:00 p.m. whether it would
`
`stipulate to the amendment. Juniper did not provide Finjan with an affirmative response by that time.
`13.
`
`Finjan agrees to provide Juniper with supplemental infringement contentions within
`
`three days after the Court grants leave to file the Second Amended Complaint regarding the newly
`
`asserted patent so that it will not affect the Court’s current schedule.
`14.
`
`To date, Juniper has taken one deposition of a Finjan witness.
`
`
`
`I declare under penalty of perjury under the laws of the United States of America that each
`
`of the above statements is true and correct. Executed on May 31, 2018, in Menlo Park, California.
`
`
`
`
`
`
`
`/s/ Kristopher Kastens
`Kristopher Kastens
`
`
`
`2
`KASTENS DECL. IN SUPPORT OF FINJAN’S MOTION
`FOR LEAVE TO FILE SECOND AMENDED COMPLAINT
`
`CASE NO.: 3:17-cv-05659-WHA
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