Case 3:18-cv-02621-WHO Document 264-3 Filed 03/27/20 Page 1 of 7
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`Exhibit B
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`Case 3:18-cv-02621-WHO Document 264-3 Filed 03/27/20 Page 2 of 7
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`CLEMENT ROBERTS (SBN 209203)
`croberts@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`405 Howard Street
`San Francisco, CA 94105
`Telephone:
`+1 415 773 5700
`Facsimile:
`+1 415 773 5759
`
`AMY K. VAN ZANT (SBN: 197426)
`avanzant@orrick.com
`FRANCES CHEEVER (SBN 287585)
`fcheever@orrick.com
`EVAN BREWER (SBN 304411)
`ebrewer@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`Telephone:
`+1 650 614 7400
`Facsimile:
`+1 650 614 7401
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`Attorneys for Defendant
`CHECK POINT SOFTWARE
`TECHNOLOGIES, 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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`FINJAN, INC. a Delaware Corporation,
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`Case No. 5:18-cv-02621-WHO
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`DEFENDANT CHECK POINT
`SOFTWARE TECHNOLOGIES, INC.’S
`SECOND SET OF INTERROGATORIES
`TO PLAINTIFF FINJAN, INC.
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`Plaintiff,
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`v.
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`CHECK POINT SOFTWARE
`TECHNOLOGIES INC., a Delaware
`Corporation, CHECK POINT SOFTWARE
`TECHNOLOGIES LTD., an Israeli Limited
`Company,
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`Defendants.
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`28
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`CHECK POINT’S
`INTERROGATORIES, SET TWO
`5:18-CV-02621-WHO
`
`

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`Case 3:18-cv-02621-WHO Document 264-3 Filed 03/27/20 Page 3 of 7
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`PROPOUNDING PARTY:
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`RESPONDING PARTY:
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`SET NUMBER:
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`Defendant Check Point Software Technologies, Inc.
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`Plaintiff Finjan, Inc.
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`Two
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`Pursuant to Federal Rule of Civil Procedure 33, Defendant Check Point Software
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`Technologies, Inc. (“Defendant” or “Check Point”) hereby requests that Plaintiff Finjan, Inc.
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`(“Plaintiff” or “Finjan”) answer the following interrogatories in writing, separately under oath,
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`and serve its answers on Check Point’s counsel, Orrick, Herrington & Sutcliffe LLP, 1000 Marsh
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`Road, Menlo Park, CA 94025, within thirty (30) days of service hereof.
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`DEFINITIONS
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`1.
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`The terms “PLAINTIFF,” “PLAINTIFFS,” “YOU,” “YOUR,” and “FINJAN” as
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`used herein mean Finjan, Inc., the Plaintiff in this action, and its past or present officers, directors,
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`employees, counsel, agents, representatives, or other persons under its control, any predecessor or
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`successor whether incorporated or not, any division, subsidiary, affiliate or parent company
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`thereof, and those persons in active concert or participation with it or them.
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`2.
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`The terms “DEFENDANT,” “DEFENDANTS,” or “CHECK POINT” as used
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`herein means Check Point Software Technologies, Inc., the Defendant in this action.
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`3.
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`The term “ASSERTED PATENTS” as used herein means all patents asserted by
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`FINJAN in this action, including U.S. Patent Nos. 6,154,844, 6,965,968, 7,418,731, 7,647,633,
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`8,078,086, 8,141,154, and 8,677,494.
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`4.
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`The term “ACCUSED PRODUCT” or “ACCUSED PRODUCTS” as used herein
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`means all Check Point products accused of infringement of the ASSERTED PATENTS by
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`FINJAN in its Complaint in this action.
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`5.
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`The term “DOCUMENT” or “DOCUMENTS” as used herein is intended to be
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`defined in its broadest sense as defined and within the scope of Federal Rule of Civil Procedure
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`34(a) and includes all “documents” and other tangible things or items, including, for example, the
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`original (and any copies which differ in any way from the original) of any written, printed, typed,
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`recorded, or graphic material of every type, form, or description, including but not limited to
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`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
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`letters, correspondence, communications, notes of oral communications, telegrams, telexes,
`CHECK POINT’S
`INTERROGATORIES, SET TWO
`5:18-CV-02621-WHO
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`- 1 -
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`

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`Case 3:18-cv-02621-WHO Document 264-3 Filed 03/27/20 Page 4 of 7
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`microfiches, bulletins, circulars, pamphlets, studies, reports, charts, graphs, notices, diaries,
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`summaries, notes, messages, instructions, work assignments, personal notes, e-mails, notebooks,
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`drafts, data sheets, data compilations, statistics, maps, speeches, tapes, tape recordings, and
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`transcripts of such tapes and recordings, electronically stored information, all “writings and
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`recordings” as defined in Rule 1001 of the Federal Rules of Evidence.
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`6.
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`The term “relating to,” “related to,” “relate to,” or “refer to,” as used herein means
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`concerning, referring to, pertaining to, reflecting, containing, evidencing, supporting, describing,
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`establishing, showing, disclosing, explaining, mentioning, analyzing, constituting, comprising,
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`setting forth, summarizing, characterizing, and/or contradicting, either directly or indirectly, in
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`full or in part.
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`7.
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`A reference to a “PERSON” includes an individual, corporation, company,
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`partnership, proprietorship, joint venture, limited liability company, governmental authority or
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`agency, unincorporated organization, trust, association, or other entity and includes all of that
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`person’s principals, employees, agents, attorneys, consultants, and other representatives.
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`INSTRUCTIONS
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`The following instructions apply to these Requests for Production:
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`1.
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`In construing each of these interrogatories, the singular form of a word shall be
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`interpreted in the plural and vice versa, the words “and” and “or” shall be construed conjunctively
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`or disjunctively, the term “any” shall be interpreted to include and encompass “all,” and vice
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`versa, and verb tenses shall be interpreted to include past, present and future tenses, whichever
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`meaning makes the document request more inclusive.
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`2.
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`Any pronoun shall be construed to refer to the masculine, feminine, or neutral
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`gender, in singular or plural, as in each case is most appropriate.
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`3.
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`A request to “identify” or “describe in detail” requires the following information:
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`a. With respect to a natural PERSON, provide the following: (1) full name;
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`(2) present or last known address, telephone number, and email address; (3) occupation and
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`business position or title held; and (4) present or last known residence address, telephone number,
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`and email address;
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`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
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`- 2 -
`
`CHECK POINT’S
`INTERROGATORIES, SET TWO
`5:18-CV-02621-WHO
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`

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`Case 3:18-cv-02621-WHO Document 264-3 Filed 03/27/20 Page 5 of 7
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`b. With respect to a firm, corporation, company, partnership, joint venture, or
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`other entity which is not a natural PERSON, provide the following: (1) full name; (2) place of
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`incorporation or organization (if any); and (3) principal place of business;
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`c. With respect to a DOCUMENT or other tangible thing, provide the
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`following: (1) the date of the DOCUMENT or tangible thing; (2) the identity of each PERSON
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`who authorized, signed, created or prepared the DOCUMENT or tangible thing; (3) the identity
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`of each addressee and recipient of the DOCUMENT or tangible thing; (4) the title and subject
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`matter of the DOCUMENT or tangible thing; (5) the number of pages in the DOCUMENT or
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`tangible thing; (6) the identity of the PERSONS having possession, custody, or control of the
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`original copies of the DOCUMENT or tangible thing; and (7) a present location of the
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`DOCUMENT or tangible thing;
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`4.
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`All relevant, non-privileged information which YOU or YOUR agents, attorneys,
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`employees, officers, directors, accountants, auditors, investigators, representatives, or other
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`PERSONS acting under YOUR or YOUR attorneys’ authorization, employment, direction, or
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`control, possess or control is to be divulged. Should you claim privilege, immunity,
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`confidentiality, or protection of any kind with respect to any information, DOCUMENTS, or
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`other tangible things concerning information which is requested by any of the following
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`interrogatories, YOU shall list such DOCUMENTS or tangible things and shall identify each
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`DOCUMENT or tangible thing in the manner prescribed by Paragraph 3 of these initial
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`definitions, and additionally shall state the specific type of privilege or protection claimed as a
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`basis for withholding the DOCUMENT or tangible thing and the grounds on which the claim of
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`privilege rests.
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`5.
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`If, after exercising due diligence to secure the information requested, you cannot
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`respond to an interrogatory or any portion thereof in full, so state, answer to the extent possible,
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`specify the reasons YOU were unable to provide a full and complete answer and state what
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`information and knowledge YOU do have concerning the unanswered portion.
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`6.
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`If YOU object to any part of an item or category, specify to which part YOU have
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`objected.
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`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
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`- 3 -
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`CHECK POINT’S
`INTERROGATORIES, SET TWO
`5:18-CV-02621-WHO
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`

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`Case 3:18-cv-02621-WHO Document 264-3 Filed 03/27/20 Page 6 of 7
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`7.
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`These interrogatories shall be deemed continuing in accordance with Federal Rule
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`of Civil Procedure 26(e), and require YOU to amend and supplement YOUR responses to these
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`interrogatories as a continuing obligation. CHECK POINT requests that YOU serve upon
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`CHECK POINT amended supplemental responses in accordance with Federal Rule of Civil
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`Procedure 26(e) no more than thirty (30) days after YOU acquire such knowledge or information.
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`INTERROGATORY NO. 4:
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`INTERROGATORIES
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`For each ACCUSED PRODUCT, separately and on a limitation-by-limitation basis in
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`chart format, identify the source code, by listing the full directory path, file name, function, or
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`procedure name (if applicable), and line numbers, that FINJAN will rely on to support its
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`contention that such ACCUSED PRODUCT meets each limitation of each asserted claim of each
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`ASSERTED PATENT.
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`Dated: August 27, 2018
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`Respectfully submitted,
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`ORRICK, HERRINGTON & SUTCLIFFE LLP
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`By:
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`
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`/s/ Clement S. Roberts
`Clement S. Roberts
`Attorneys for Defendant
`CHECK POINT SOFTWARE
`TECHNOLOGIES, INC.
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`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
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`- 4 -
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`CHECK POINT’S
`INTERROGATORIES, SET TWO
`5:18-CV-02621-WHO
`
`

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`Case 3:18-cv-02621-WHO Document 264-3 Filed 03/27/20 Page 7 of 7
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`PROOF OF SERVICE
`I am a resident of the State of California and over the age of eighteen years, and not a
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`party to the within action. My place of business is Orrick, Herrington & Sutcliffe LLP, 1000
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`Marsh Road, Menlo Park, CA 94025. On this day, August 27, 2018, a true and correct copy of
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`the foregoing DEFENDANT CHECK POINT SOFTWARE TECHNOLOGIES, INC.’S
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`SECOND SET OF INTERROGATORIES TO PLAINTIFF FINJAN, INC. was served upon the
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`following as indicated:
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`Counsel for Plaintiff Finjan, Inc.
`Austin W Manes
`amanes@kramerlevin.com
`James R. Hannah
`jhannah@kramerlevin.com
`Lisa Kobialka
`lkobialka@kramerlevin.com
`Paul J. Andre
`pandre@kramerlevin.com
`Kramer Levin Naftalis & Frankel, LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: (650) 752-1718
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`☐ Via First Class Mail
`☐ Via Express Mail
`☐ Via Hand Delivery
`☒ Via Electronic Mail
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`I am readily familiar with my firm’s practice for collection and processing correspondence
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`for electronically mailing to recipients, mailing in the United States Postal Service, or overnight
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`service via Federal Express, to wit, that correspondence be electronically delivered, deposited
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`with the United States Postal Service or Federal Express this same day in the ordinary course of
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`business.
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`Executed on August 27, 2018 at Menlo Park, California. I declare under penalty of
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`perjury under the laws of the State of California that the foregoing is true and correct.
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`Karin Barnick
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`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
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`- 5 -
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`CHECK POINT’S
`INTERROGATORIES, SET TWO
`5:18-CV-02621-WHO
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