Case 3:17-cv-05659-WHA Document 97-7 Filed 06/07/18 Page 1 of 5
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`
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`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
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`FINJAN, INC., a Delaware Corporation,
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`
`
`
`
`
`Plaintiff,
`
`v.
`
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`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 MOTION FOR SUMMARY
`JUDGMENT OF INFRINGEMENT OF
`CLAIM 10 OF U.S. PATENT NO. 8,677,494
`
`July 26, 2018
`Date:
`8:00 a.m.
`Time:
`Courtroom: Courtroom 12, 19th Floor
`Before:
`Hon. William Alsup
`
`
`
`
`
`
`REDACTED VERSION OF DOCUMENT SOUGHT TO BE SEALED
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`
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`____________________________________________________________________________________
`KASTENS DECLARATION IN SUPPORT OF
`CASE NO. 3:17-cv-05659-WHA
`FINJAN’S MOTION FOR SUMMARY JUDGMENT
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`Case 3:17-cv-05659-WHA Document 97-7 Filed 06/07/18 Page 2 of 5
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`I, Kristopher Kastens, declare:
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`1.
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`I am licensed to practice law in the State of California and am an attorney at Kramer
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`Levin Naftalis & Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I have personal
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`knowledge of the facts stated herein. I make this declaration in support of Finjan’s Motion for
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`Summary Judgment of Infringement of Claim 10 of U.S. Patent No. 8,677,494.
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`2.
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`Attached hereto as Exhibit 1 is a true and correct copy of U.S. Patent No. 8,677,494,
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`entitled “Malicious Mobile Code Runtime Monitoring System and Methods,” issued on March 18,
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`2014, produced by Finjan bearing bates numbers FINJAN-JN 003821-48.
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`3.
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`Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent No. 6,804,780,
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`entitled “System and Method for Protecting a Computer and a Network From Hostile Downloadables,”
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`issued on October 12, 2004, produced by Finjan bearing bates numbers FINJAN-JN 000443-60.
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`4.
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`Attached hereto as Exhibit 3 is a true and correct copy of pages 5-16 and 101-104 from
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`the transcript of the deposition of Raju Manthena, taken on May 30, 2018 in the present action.
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`5.
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`Attached hereto as Exhibit 4 is a true and correct copy of pages 4-6 and 26-28 of Juniper
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`Networks, Inc.’s (“Juniper”) Responses and Objections to Finjan, Inc.’s First Set of Requests for
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`Admission (Nos. 1-75), served on May 30, 2018 in the present action.
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`6.
`transcript of proceedings from the September 8, 2016 trial in the matter Finjan, Inc. v. Sophos, Inc., No.
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`Attached hereto as Exhibit 5 is a true and correct copy of pages 334-337 from the
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`14-cv-1197 WHO (N.D. Cal.).
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`7.
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`Attached hereto as Exhibit 6 is a true and correct copy of pages 173280-173284 a
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`document entitled “Juniper Advanced Anti-Malware Service on SRX Software Functional
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`Specification,” dated October 23, 2015, produced by Juniper bearing bates numbers JNPR-
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`FNJN_29002_00173278-340.
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`8.
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`Attached hereto as Exhibit 7 is a true and correct copy of a webpage entitled “Juniper
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`Networks Sky Advanced Threat Prevention,” produced by Finjan bearing bates numbers FINJAN-JN
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`005382-86.
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S MOTION FOR SUMMARY JUDGMENT
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`Case 3:17-cv-05659-WHA Document 97-7 Filed 06/07/18 Page 3 of 5
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`9.
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`Attached hereto as Exhibit 8 is a true and correct copy of pages 6-13, 26-29, 42-45, 50-
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`61, 70-77, 106-113, 138-141, 150-153, 166-169, 178-181, 234-237 and 290-293 from the transcript of
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`the deposition of Yuly Tenorio taken on May 9, 2018 in the present action.
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`10.
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`Attached hereto as Exhibit 9 is a true and correct copy of pages 5438-40 of a Juniper
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`datasheet entitled “Juniper Sky Advanced Threat Protection,” produced by Finjan bearing bates
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`numbers FINJAN-JN 005438-42.
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`11.
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`Attached hereto as Exhibit 10 is a true and correct copy of a document entitled
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`“Adapters Design and Documentation,” produced by Juniper bearing bates number JNPR-
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`FNJN_29017_00552807.
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`12.
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`Attached hereto as Exhibit 11 is a true and correct copy of pages 44759, 44763-65,
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`44775, and 44786 of a Juniper document entitled “Juniper Networks Sky Advanced Threat Prevention
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`Guide,” dated August 2, 2016, produced by Finjan bearing bates numbers FINJAN-JN 044744-99.
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`13.
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`Attached hereto as Exhibit 12 is a true and correct copy of a webpage entitled “How is
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`Malware Analyzed and Detected?,” produced by Finjan bearing bates numbers FINJAN-JN 005387-88.
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`14.
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`Attached hereto as Exhibit 13 is a true and correct copy of pages 8 and 18-20 of
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`Juniper’s Response to Finjan’s Third Set of Interrogatories, served on May 7, 2018 in the present
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`action.
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`15.
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`Attached hereto as Exhibit 14 is a true and correct copy of pages 11 and 14 of Juniper’s
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`Response to Finjan’s Fourth Set of Interrogatories, served on May 29, 2018 in the present action.
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`16.
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`Attached hereto as Exhibit 15 is a true and correct copy of page 552691 of a Juniper
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`document entitled “Kingfisher: Early Verdicts for SkyATP,” produced by Juniper bearing bates
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`numbers JNPR-FNJN_29017_00552691-96.
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`17.
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`Attached hereto as Exhibit 16 is a true and correct copy of pages 44832, 44838, 44846,
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`44848 and 44851, produced by Finjan bearing bates numbers FINJAN-JN 044832-53.
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`18.
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`Attached hereto as Exhibit 17 is a true and correct copy of pages 552908, 552912, and
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`552915 of a Juniper presentation entitled “Sky ATP Analysis Pipeline,” produced by Juniper bearing
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`bates numbers JNPR-FNJN_29017_00552908-15.
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S MOTION FOR SUMMARY JUDGMENT
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`2
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`CASE NO. 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 97-7 Filed 06/07/18 Page 4 of 5
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`19.
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`Attached hereto as Exhibit 18 is a true and correct copy of an image of the Sky ATP user
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`interface, produced by Finjan bearing bates numbers FINJAN-JN 317942.
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`20.
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`Attached hereto as Exhibit 19 is a true and correct copy of pages 304955-56 of a
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`webpage entitled “Joe Sandbox – Report 25393,” available at https://www.joesecurity.org/reports-
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`6b16c4526a013e744b3d91cd7a091c361.html, last visited on May 25, 2018, produced by Finjan
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`bearing bates numbers FINJAN-JN 304955-5022.
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`21.
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`Attached hereto as Exhibit 20 is a true and correct copy of pages 553972 and 553974 of
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`a Juniper document entitled “Schema validation in
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`,” Version 0.0.3, dated August 12, 2014,
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`produced by Juniper bearing bates numbers JNPR-FNJN_29030_00553972-77.
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`22.
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`Attached hereto as Exhibit 21 is a true and correct copy of pages 303973 and 304008 of
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`a document entitled “Amazon DynamoDB Developer Guide API Version 2012-08-10,” produced by
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`Finjan bearing bates numbers FINJAN-JN 303973-4926.
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`23.
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`Attached hereto as Exhibit 22 is a true and correct copy of page 590607 of a document
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`entitled “Solution Overview,” produced by Juniper bearing production numbers JNPR-
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`FNJN_29032_00590572-632.
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`24.
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`Attached hereto as Exhibit 23 is a true and correct copy of a Juniper document entitled
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`“
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` Web API methods (Current Implementation),” Version 0.0.5, dated June 19, 2014, produced by
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`Juniper bearing bates numbers JNPR-FNJN_29024_00170167-70.
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`25.
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`Attached hereto as Exhibit 24 is a true and correct copy of a document entitled “Sky
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`Advanced Threat Prevention New Features,” produced by Juniper bearing bates numbers JNPR-
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`FNJN_29006_00162260-64.
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`26.
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`Attached hereto as Exhibit 25 is a true and correct copy of page 552986 of a Juniper
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`document entitled “Sky ATP Deep Dive,” produced by Juniper bearing bates number s JNPR-
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`FNJN_29008_00522956-94.
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`27.
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`Attached hereto as Exhibit 26 is a true and correct copy of an image of the Sky ATP user
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`interface, produced by Finjan bearing bates numbers FINJAN-JN 046082.
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S MOTION FOR SUMMARY JUDGMENT
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`Case 3:17-cv-05659-WHA Document 97-7 Filed 06/07/18 Page 5 of 5
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`28.
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`Attached hereto as Exhibit 27 is a true and correct copy of page 61 of the printouts of
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`Juniper source code, produced by Juniper.
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`29.
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`Attached hereto as Exhibit 28 is a true and correct copy of page 41 of the printouts of
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`Juniper source code, produced by Juniper.
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`30.
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`Attached hereto as Exhibit 29 is a true and correct copy of page 297 of the printouts of
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`Juniper source code, produced by Juniper.
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`31.
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`Certain images provided in Finjan’s brief are to a video entitled “Lanworks & Juniper
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`Sky ATP Lunch and Learn,” available at
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`https://www.youtube.com/watch?v=K8Y0MkbJwcs&feature=youtu.be, last visited on June 7, 2018,
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`and produced by Finjan bearing bates number FINJAN-JN 317958. If the court so requests, Finjan will
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`manually lodge a copy of this video for the convenience of the court.
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` I
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` declare under penalty of perjury under the laws of the United States of America that each
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`of the above statements is true and correct. Executed on June 7, 2018, in Menlo Park, California.
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`/s/ Kristopher Kastens
`Kristopher Kastens
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`
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`ATTESTATION PURSUANT TO L.R. 5-1(I)
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`In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this
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`document has been obtained from any other signatory to this document.
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`/s/ Lisa Kobialka
`Lisa Kobialka
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`KASTENS DECLARATION IN SUPPORT OF
`FINJAN’S MOTION FOR SUMMARY JUDGMENT
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