Case 3:18-cv-02621-WHO Document 264-8 Filed 03/27/20 Page 1 of 3
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`Exhibit G
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`Case 3:18-cv-02621-WHO Document 264-8 Filed 03/27/20 Page 2 of 3
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`Subject: Re: Missing Source Code Modules - Finjan v. Check Point
`Date: Monday, March 25, 2019 at 19:18:01 Pacific Daylight Time
`From:
`Brewer, Evan
`To:
`Xu, Linda
`CC:
`Roberts, Clement, Feeman, Vickie L., Cheever, Frances, Andre, Paul, Kobialka, Lisa, Kastens, Kris,
`Hannah, James, Manes, AusSn
`
`Hi Linda,
`We disagree with the contenSons in your email below. For starters, Finjan itself cited code for the Forensics blade
`and threatemulaSon.exe in its infringement contenSons, so it is hard to understand how Finjan can now claim that
`such code is missing. As an example, the code for threatemulaSon.exe can be found in the
`“ZADotNetUI/ThreatEmulaSon” subfolder within each of the 2016 and 2017 directories—subfolders that Finjan cited
`in its infringement contenSons.
`Finjan did not idenSfy AnS-Exploit and AnS-Phishing as accused instrumentaliSes, and neither these nor AnS-
`Ransomware was released as of the dates we agreed to collect code (1/1/16 and 1/1/17), so these were not included
`on the source code computer. However, since Finjan included the previously-unidenSfied blades and AnS-
`Ransomware in its infringement contenSons, and the Court gave Finjan leave to add these as accused
`instrumentaliSes (in contrast to the Gaia and SecurePlaeorm operaSng systems), we will load them on the computer
`for review. The Enterprise blades were loaded this morning, and AnS-Ransomware will be loaded on the computer
`tonight.
`Regards,
`Evan
`
`_________________
`Evan Brewer
`ebrewer@orrick.com
`T: 650.614.7497
`M: 650.422.0967
`
`On Mar 22, 2019, at 15:41, Xu, Linda <LXu@KRAMERLEVIN.com> wrote:
`
`Counsel,
`Aker many hours of reviewing Check Point’s source code, it has come to our amenSon that the
`source code computer appears to be missing modules for a number of the requested
`technologies. The missing source code include:
`· AnS-phishing, AnS-ransomware, AnS-exploit, and Forensics for endpoint enterprise
`products;
`· AnS-ransomware for endpoint consumer products;
`· The underlying source code for the file “threatemulaSon.exe” (which is a binary
`executable file) for the endpoint consumer products.
`If you contend that these technologies were produced, idenSfy their locaSon in the source code.
`Otherwise, confirm that you will add these missing modules to the source code computer as
`soon as possible.
`Linda
`
`Linda Xu
`
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`Case 3:18-cv-02621-WHO Document 264-8 Filed 03/27/20 Page 3 of 3
`
`Associate
`Kramer Levin Nakalis & Frankel LLP
`990 Marsh Road, Menlo Park, California 94025
`T 650.752.1728 F 650.752.1800
`lxu@kramerlevin.com
`Bio
`This communicaSon (including any amachments) is intended solely for the recipient(s) named above and may contain informaSon that is confidenSal, privileged
`or legally protected. Any unauthorized use or disseminaSon of this communicaSon is strictly prohibited. If you have received this communicaSon in error, please
`immediately noSfy the sender by return e-mail message and delete all copies of the original communicaSon. Thank you for your cooperaSon.
`
`