`Case 4:18-cv-07229—YGR Document 44-2 Filed 02/28/20 Page 1 of 54
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`EXHIBIT A
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`EXHIBIT A
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`
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 2 of 54
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`EDWARD G. POPLAWSKI (SBN 113590)
`epoplawski@wsgr.com
`OLIVIA M. KIM (SBN 228382)
`okim@wsgr.com
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: (323) 210-2901
`Facsimile: (866) 974-7329
`
`RYAN R. SMITH (SBN 229323)
`rsmith@wsgr.com
`CHRISTOPHER D. MAYS (SBN 266510)
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`Telephone: (650) 493-9300
`Facsimile: (650) 493-6811
`
`Attorneys for Defendant
`QUALYS INC.
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`OAKLAND DIVISION
`
`CASE NO.: 4:18-cv-07229-YGR
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`DEFENDANT QUALYS INC.’S
`[PROPOSED] SECOND AMENDED
`ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
`
`DEMAND FOR JURY TRIAL
`
`)))))))))))))
`
`FINJAN, INC., a Delaware Corporation,
`
`Plaintiff,
`
`v.
`
`QUALYS INC., a Delaware Corporation,
`
`Defendant.
`
`CASE NO. 4:18-cv-07229-YGR
`
`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 3 of 54
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`Defendant Qualys Inc. (“Qualys”), by and through its undersigned attorneys, hereby files
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`its first amended answer and asserted counterclaims in response to the Complaint filed by
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`Plaintiff Finjan, Inc. (“Finjan”) as follows:
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`FIRST AMENDED ANSWER TO COMPLAINT FOR PATENT INFRINGEMENT
`
`THE PARTIES
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`1.
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`Qualys admits that, upon information and belief, Finjan is a Delaware corporation,
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`with its principal place of business at 2000 University Ave., Suite 600, East Palo Alto, California
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`94303.
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`2.
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`Qualys admits that it is a Delaware corporation with its principal place of business
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`at 919 E. Hillsdale Boulevard, 4th Floor, Foster City, California 94404.
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`JURISDICTION AND VENUE
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`3.
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`Qualys admits that Finjan’s Complaint purports to be an action for patent
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`infringement under the patent laws of the United States of America, Title 35 of the United States
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`Code. Qualys admits that this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338. Qualys denies any and all remaining allegations in paragraph 3 of the Complaint.
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`4.
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`Qualys admits that venue is proper in this district pursuant to 28 U.S.C § 1400(b).
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`Qualys denies any and all remaining allegations in paragraph 4 of the Complaint.
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`5.
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`Qualys admits that this Court has personal jurisdiction over Qualys. Qualys denies
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`any and all remaining allegations in paragraph 5 of the Complaint.
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`INTRADISTRICT ASSIGNMENT
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`6.
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`Qualys admits that pursuant to Civil L.R. 3-2(c), Intellectual Property Actions are
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`assigned on a district-wide basis.
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`CASE NO. 4:18-cv-07229-YGR
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`-1-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 4 of 54
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`FINJAN’S ALLEGED INNOVATIONS
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`7.
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`Qualys is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 7 of the Complaint, and accordingly denies the same.
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`8.
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`Qualys is without knowledge or information sufficient to form a belief as to the
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`truth of the allegations of paragraph 8 of the Complaint, and accordingly denies the same.
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`FINJAN’S ASSERTED PATENTS
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`9.
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`Qualys admits that Finjan purports that U.S. Patent No. 6,154,844 (“the ’844
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`Patent”), titled “System and Method for Attaching a Downloadable Security Profile to a
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`Downloadable,” was issued to Shlomo Touboul and Nachshon Gal on November 28, 2000.
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`Qualys admits that Finjan purports that a true and correct copy of the ’844 Patent is attached to the
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`Complaint as Exhibit 1. Qualys denies any and all remaining allegations in paragraph 9 of the
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`Complaint.
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`10.
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`Qualys admits that Finjan purports that Finjan is the owner of the ’844 Patent with
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`all rights, title, and interest to that patent and has been the sole owner of the ’844 Patent since its
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`issuance. Qualys denies any and all remaining allegations in paragraph 10 of the Complaint.
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`11.
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`12.
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`Qualys denies the allegations contained in paragraph 11 of the Complaint.
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`Qualys admits that Finjan purports that U.S. Patent No. 8,677,494 (“the ’494
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`Patent”), titled “Malicious Mobile Code Runtime Monitoring System and Methods,” was issued to
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`Yigal Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll, and Shlomo Touboul on March 18,
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`2014. Qualys admits that Finjan purports that a true and correct copy of the ’494 Patent is
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`attached to the Complaint as Exhibit 2. Qualys denies any and all remaining allegations in
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`paragraph 12 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-2-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 5 of 54
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`13.
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`Qualys admits that Finjan purports that Finjan is the owner of the ’494 Patent with
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`all rights, title, and interest to that patent and has been the sole owner of the ’494 Patent since its
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`issuance. Qualys denies any and all remaining allegations in paragraph 13 of the Complaint.
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`14.
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`15.
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`Qualys denies the allegations contained in paragraph 14 of the Complaint.
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`Qualys admits that Finjan purports that U.S. Patent No. 7,975,305 (“the ’305
`
`Patent”), titled “Method and System for Adaptive Rule-Based Content Scanners for Desktop
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`Computers,” was issued to Moshe Rubin, Moshe Matitya, Artem Melnick, Shlomo Touboul,
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`Alexander Yermakov, and Amit Shaked on July 5, 2011. Qualys admits that Finjan purports that a
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`true and correct copy of the ’305 Patent is attached to the Complaint as Exhibit 3. Qualys denies
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`any and all remaining allegations in paragraph 15 of the Complaint.
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`16.
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`Qualys admits that Finjan purports that Finjan is the owner of the ’305 Patent with
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`all rights, title, and interest to that patent and has been the sole owner of the ’305 Patent since its
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`issuance. Qualys denies any and all remaining allegations in paragraph 16 of the Complaint.
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`17.
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`18.
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`Qualys denies the allegations contained in paragraph 17 of the Complaint.
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`Qualys admits that Finjan purports that U.S. Patent No. 8,225,408 (“the ’408
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`Patent”), titled “Method and System for Adaptive Rule-Based Content Scanners,” was issued to
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`Moshe Rubin, Moshe Matitya, Artem Melnick, Shlomo Touboul, Alexander Yermakov, and Amit
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`Shaked on July 17, 2012. Qualys admits that Finjan purports that a true and correct copy of the
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`’408 Patent is attached to the Complaint as Exhibit 4. Qualys denies any and all remaining
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`allegations in paragraph 18 of the Complaint.
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`19.
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`Qualys admits that Finjan purports that Finjan is the owner of the ’408 Patent with
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`all rights, title, and interest to that patent and has been the sole owner of the ’408 Patent since its
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`issuance. Qualys denies any and all remaining allegations in paragraph 19 of the Complaint.
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`20.
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`Qualys denies the allegations contained in paragraph 20 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-3-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 6 of 54
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`21.
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`Qualys admits that Finjan purports that U.S. Patent No. 6,965,968 (“the ’968
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`Patent”), titled “Policy-Based Caching,” was issued to Shlomo Touboul on November 15, 2005.
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`Qualys admits that Finjan purports that a true and correct copy of the ’968 Patent is attached to the
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`Complaint as Exhibit 5. Qualys denies any and all remaining allegations in paragraph 21 of the
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`Complaint.
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`22.
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`Qualys admits that Finjan purports that Finjan is the owner of the ’968 Patent with
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`all rights, title, and interest to that patent and has been the sole owner of the ’968 Patent since its
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`issuance. Qualys denies any and all remaining allegations in paragraph 22 of the Complaint.
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`23.
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`24.
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`Qualys denies the allegations contained in paragraph 23 of the Complaint.
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`Qualys admits that Finjan purports that U.S. Patent No. 7,418,731 (“the ’731
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`Patent”), titled “Method and System for Caching at Secure Gateways,” was issued to Shlomo
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`Touboul on August 26, 2008. Qualys admits that Finjan purports that a true and correct copy of
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`the ’731 Patent is attached to the Complaint as Exhibit 6. Qualys denies any and all remaining
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`allegations in paragraph 24 of the Complaint.
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`25.
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`Qualys admits that Finjan purports that Finjan is the owner of the ’731 Patent with
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`all rights, title, and interest to that patent and has been the sole owner of the ’731 Patent since its
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`issuance. Qualys denies any and all remaining allegations in paragraph 25 of the Complaint.
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`26.
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`27.
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`Qualys denies the allegations contained in paragraph 26 of the Complaint.
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`Qualys admits that Finjan purports that U.S. Patent No. 8,141,154 (“the ’154
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`Patent”), titled “System and Method for Inspecting Dynamically Generated Executable Code,”
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`was issued to David Gruzman and Yuval Ben-Itzhak on March 20, 2012. Qualys admits that
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`Finjan purports that a true and correct copy of the ’154 Patent is attached to the Complaint as
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`Exhibit 7. Qualys denies any and all remaining allegations in paragraph 27 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-4-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 7 of 54
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`28.
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`Qualys admits that Finjan purports that Finjan is the owner of the ’154 Patent with
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`all rights, title, and interest to that patent and has been the sole owner of the ’154 Patent since its
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`issuance. Qualys denies any and all remaining allegations in paragraph 28 of the Complaint.
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`29.
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`30.
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`Qualys denies the allegations contained in paragraph 29 of the Complaint.
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`Qualys admits that the patents in paragraphs 9-29 of the Complaint are collectively
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`referred to as the “Asserted Patents” in the Complaint. Qualys denies any and all remaining
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`allegations in paragraph 30 of the Complaint.
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`FINJAN’S ALLEGED NOTICE OF INFRINGEMENT TO DEFENDANT
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`31.
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`Qualys admits only that Finjan sent a letter dated November 12, 2015, attached as
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`Exhibit 23 to the Complaint, to Qualys, which identified the ’844, ’494, ’305, ’968, and ’154
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`Patents. Qualys denies any and all remaining allegations in paragraph 31 of the Complaint.
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`32.
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`Qualys admits only that Finjan sent a letter dated December 7, 2017, attached as
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`Exhibit 24 to the Complaint, to Qualys, which identified the ’844, ’494, ’305, and ’968 Patents.
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`Qualys denies any and all remaining allegations in paragraph 32 of the Complaint.
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`33.
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`Qualys denies the allegations in paragraph 33 of the Complaint.
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`QUALYS’S ALLEGEDLY INFRINGING PRODUCTS AND TECHNOLOGIES
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`34.
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`Qualys admits that it sells and offers to sell products and services relating to
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`“Vulnerability Management,” “Threat Protection,” “Continuous Monitoring,” “Indicators of
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`Compromise,” “Container Security,” “Web App Firewall,” “Web App Scanning,” and
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`“Compliance Monitoring,” including “Qualys Cloud Platform products.” Qualys admits that
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`Finjan’s Complaint refers to the foregoing as the “Accused Products.” Qualys denies any and all
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`remaining allegations in paragraph 34 of the Complaint.
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`35.
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`Qualys denies the allegations contained in paragraph 35 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-5-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 8 of 54
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`ALLEGED QUALYS INFRINGEMENT OF FINJAN’S PATENTS
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`Vulnerability Management (VM)
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`36.
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`37.
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`38.
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`39.
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`Admitted.
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`Admitted.
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`Admitted.
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`Admitted.
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`Threat Protection
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`Continuous Monitoring (CM)
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`40.
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`Qualys admits that CM works in tandem with VM to discover hosts and digital
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`certificates, organize assets by business or technology function, and be alerted as soon as
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`vulnerabilities appear on the global perimeter from a single console. Qualys also admits that CM
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`automates monitoring of the global perimeter, tracking systems in the global network, wherever
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`they are. Qualys denies any and all remaining allegations in paragraph 40 of the Complaint.
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`Indicators of Compromise (IOC)
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`Container Security (CS)
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`41.
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`Admitted.
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`42.
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`43.
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`44.
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`45.
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`46.
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`47.
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`48.
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`Admitted.
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`Admitted.
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`Admitted.
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`Admitted.
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`Admitted.
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`Admitted.
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`Admitted.
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`CASE NO. 4:18-cv-07229-YGR
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`-6-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 9 of 54
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`Web App Firewall (WAF)
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`49.
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`Qualys admits that WAF can be managed from a centralized portal. Qualys also
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`admits that with no special hardware to buy nor maintain, Qualys WAF’s virtual appliance can be
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`deployed and scaled up quickly on premises using VMware, Hyper-V or Docker, and in public
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`cloud platforms, such as AWS, Azure or Google Cloud Platform. Qualys further admits that WAF
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`continuously communicates with the Qualys Cloud Platform, tracking configuration changes and
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`sending it the latest security events. Qualys denies any and all remaining allegations in paragraph
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`49 of the Complaint.
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`50.
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`Qualys admits that WAF gives complete visibility into its data for continuous
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`monitoring, risk assessments and remediation plans. Qualys also admits that a dashboard
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`summarizes website traffic information and security event trends. Qualys further admits that
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`WAF continuously indexes security events into local Elasticsearch or Splunk clusters, making data
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`instantly discoverable. Qualys denies any and all remaining allegations in paragraph 50 of the
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`Complaint.
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`51.
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`Admitted.
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`52.
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`53.
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`Admitted.
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`Admitted.
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`Web App Scanning (WAS)
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`Compliance Monitoring
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`54.
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`Qualys admits
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`that
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`the Compliance Monitoring Solutions
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`include Policy
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`Compliance, Security Assessment Questionnaire, and PCI. Qualys also admits that Compliance
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`Monitoring uses a cloud-based solution to automate assessment of security and compliance
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`controls in order to demonstrate a repeatable and trackable process to auditors and stakeholders.
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`Qualys denies any and all remaining allegations in paragraph 54 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-7-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 10 of 54
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`QUALYS’S ALLEGEDLY WILLFUL INFRINGEMENT OF FINJAN’S PATENTS
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`55.
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`56.
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`Qualys denies the allegations contained in paragraph 55 of the Complaint.
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`Qualys denies the allegations contained in paragraph 56 of the Complaint.
`
`COUNT I
`(Direct Infringement of the ’844 Patent Pursuant to 35 U.S.C. § 271(a))
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`57.
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`Qualys admits that Finjan purports to repeat, reallege, and incorporate by reference
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`the allegations of the preceding paragraphs and Qualys incorporates its responses thereto as if fully
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`set forth herein.
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`58.
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`59.
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`60.
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`61.
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`62.
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`63.
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`64.
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`65.
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`66.
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`67.
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`68.
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`69.
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`70.
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`71.
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`72.
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`73.
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`Qualys denies the allegations contained in paragraph 58 of the Complaint.
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`Qualys denies the allegations contained in paragraph 59 of the Complaint.
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`Qualys denies the allegations contained in paragraph 60 of the Complaint.
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`Qualys denies the allegations contained in paragraph 61 of the Complaint.
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`Qualys denies the allegations contained in paragraph 62 of the Complaint.
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`Qualys denies the allegations contained in paragraph 63 of the Complaint.
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`Qualys denies the allegations contained in paragraph 64 of the Complaint.
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`Qualys denies the allegations contained in paragraph 65 of the Complaint.
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`Qualys denies the allegations contained in paragraph 66 of the Complaint.
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`Qualys denies the allegations contained in paragraph 67 of the Complaint.
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`Qualys denies the allegations contained in paragraph 68 of the Complaint.
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`Qualys denies the allegations contained in paragraph 69 of the Complaint.
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`Qualys denies the allegations contained in paragraph 70 of the Complaint.
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`Qualys denies the allegations contained in paragraph 71 of the Complaint.
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`Qualys denies the allegations contained in paragraph 72 of the Complaint.
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`Qualys denies the allegations contained in paragraph 73 of the Complaint.
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 11 of 54
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`COUNT II
`(Indirect Infringement of the ’844 Patent pursuant to 35 U.S.C. § 271(b))
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`74.
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`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`75.
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`76.
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`Qualys denies the allegations contained in paragraph 75 of the Complaint.
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`Qualys denies the allegations contained in paragraph 76 of the Complaint.
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`COUNT III
`(Direct Infringement of the ’494 Patent pursuant to 35 U.S.C. § 271(a))
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`77.
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`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`78.
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`79.
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`80.
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`81.
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`82.
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`83.
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`84.
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`85.
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`86.
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`87.
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`88.
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`89.
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`90.
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`Qualys denies the allegations contained in paragraph 78 of the Complaint.
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`Qualys denies the allegations contained in paragraph 79 of the Complaint.
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`Qualys denies the allegations contained in paragraph 80 of the Complaint.
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`Qualys denies the allegations contained in paragraph 81 of the Complaint.
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`Qualys denies the allegations contained in paragraph 82 of the Complaint.
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`Qualys denies the allegations contained in paragraph 83 of the Complaint.
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`Qualys denies the allegations contained in paragraph 84 of the Complaint.
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`Qualys denies the allegations contained in paragraph 85 of the Complaint.
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`Qualys denies the allegations contained in paragraph 86 of the Complaint.
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`Qualys denies the allegations contained in paragraph 87 of the Complaint.
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`Qualys denies the allegations contained in paragraph 88 of the Complaint.
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`Qualys denies the allegations contained in paragraph 89 of the Complaint.
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`Qualys denies the allegations contained in paragraph 90 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-9-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 12 of 54
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`91.
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`92.
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`Qualys denies the allegations contained in paragraph 91 of the Complaint.
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`Qualys denies the allegations contained in paragraph 92 of the Complaint.
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`COUNT IV
`(Indirect Infringement of the ’494 Patent pursuant to 35 U.S.C. § 271(b))
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`93.
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`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`94.
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`95.
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`96.
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`Qualys denies the allegations contained in paragraph 94 of the Complaint.
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`Qualys denies the allegations contained in paragraph 95 of the Complaint.
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`Qualys denies the allegations contained in paragraph 96 of the Complaint.
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`COUNT V
`(Direct Infringement of the ’305 Patent Pursuant to 35 U.S.C. § 271(a))
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`97.
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`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`98.
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`99.
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`Qualys denies the allegations contained in paragraph 98 of the Complaint.
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`Qualys denies the allegations contained in paragraph 99 of the Complaint.
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`100. Qualys denies the allegations contained in paragraph 100 of the Complaint.
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`101. Qualys denies the allegations contained in paragraph 101 of the Complaint.
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`102. Qualys denies the allegations contained in paragraph 102 of the Complaint.
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`103. Qualys denies the allegations contained in paragraph 103 of the Complaint.
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`104. Qualys denies the allegations contained in paragraph 104 of the Complaint.
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`105. Qualys denies the allegations contained in paragraph 105 of the Complaint.
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`106. Qualys denies the allegations contained in paragraph 106 of the Complaint.
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`107. Qualys denies the allegations contained in paragraph 107 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-10-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 13 of 54
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`108. Qualys denies the allegations contained in paragraph 108 of the Complaint.
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`109. Qualys denies the allegations contained in paragraph 109 of the Complaint.
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`110. Qualys denies the allegations contained in paragraph 110 of the Complaint.
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`111. Qualys denies the allegations contained in paragraph 111 of the Complaint.
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`112. Qualys denies the allegations contained in paragraph 112 of the Complaint.
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`113. Qualys denies the allegations contained in paragraph 113 of the Complaint.
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`114. Qualys denies the allegations contained in paragraph 114 of the Complaint.
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`115. Qualys denies the allegations contained in paragraph 115 of the Complaint.
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`116. Qualys denies the allegations contained in paragraph 116 of the Complaint.
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`117. Qualys denies the allegations contained in paragraph 117 of the Complaint.
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`118. Qualys denies the allegations contained in paragraph 118 of the Complaint.
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`COUNT VI
`(Indirect Infringement of the ’305 Patent Pursuant to 35 U.S.C. § 271(b))
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`119. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`120. Qualys denies the allegations contained in paragraph 120 of the Complaint.
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`121. Qualys denies the allegations contained in paragraph 121 of the Complaint.
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`122. Qualys denies the allegations contained in paragraph 122 of the Complaint.
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`COUNT VII
`(Direct Infringement of the ’408 Patent Pursuant to 35 U.S.C. § 271(a))
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`123. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`124. Qualys denies the allegations contained in paragraph 124 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-11-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 14 of 54
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`125. Qualys denies the allegations contained in paragraph 125 of the Complaint.
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`126. Qualys denies the allegations contained in paragraph 126 of the Complaint.
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`127. Qualys denies the allegations contained in paragraph 127 of the Complaint.
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`128. Qualys denies the allegations contained in paragraph 128 of the Complaint.
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`129. Qualys denies the allegations contained in paragraph 129 of the Complaint.
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`130. Qualys denies the allegations contained in paragraph 130 of the Complaint.
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`131. Qualys denies the allegations contained in paragraph 131 of the Complaint.
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`132. Qualys denies the allegations contained in paragraph 132 of the Complaint.
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`133. Qualys denies the allegations contained in paragraph 133 of the Complaint.
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`134. Qualys denies the allegations contained in paragraph 134 of the Complaint.
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`135. Qualys denies the allegations contained in paragraph 135 of the Complaint.
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`136. Qualys denies the allegations contained in paragraph 136 of the Complaint.
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`137. Qualys denies the allegations contained in paragraph 137 of the Complaint.
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`138. Qualys denies the allegations contained in paragraph 138 of the Complaint.
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`139. Qualys denies the allegations contained in paragraph 139 of the Complaint.
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`140. Qualys denies the allegations contained in paragraph 140 of the Complaint.
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`141. Qualys denies the allegations contained in paragraph 141 of the Complaint.
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`142. Qualys denies the allegations contained in paragraph 142 of the Complaint.
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`143. Qualys denies the allegations contained in paragraph 143 of the Complaint.
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`144. Qualys denies the allegations contained in paragraph 144 of the Complaint.
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`145. Qualys denies the allegations contained in paragraph 145 of the Complaint.
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`146. Qualys denies the allegations contained in paragraph 146 of the Complaint.
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`147. Qualys denies the allegations contained in paragraph 147 of the Complaint.
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`148. Qualys denies the allegations contained in paragraph 148 of the Complaint.
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`149. Qualys denies the allegations contained in paragraph 149 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-12-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 15 of 54
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`150. Qualys denies the allegations contained in paragraph 150 of the Complaint.
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`COUNT VIII
`(Indirect Infringement of the ’408 Patent Pursuant to 35 U.S.C. § 271(b))
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`151. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`152. Qualys denies the allegations contained in paragraph 152 of the Complaint.
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`153. Qualys denies the allegations contained in paragraph 153 of the Complaint.
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`154. Qualys denies the allegations contained in paragraph 154 of the Complaint.
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`COUNT IX
`(Direct Infringement of the ’968 Patent pursuant to 35 U.S.C. § 271(a))
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`155. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`156. Qualys denies the allegations contained in paragraph 156 of the Complaint.
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`157. Qualys denies the allegations contained in paragraph 157 of the Complaint.
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`158. Qualys denies the allegations contained in paragraph 158 of the Complaint.
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`159. Qualys denies the allegations contained in paragraph 159 of the Complaint.
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`160. Qualys denies the allegations contained in paragraph 160 of the Complaint.
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`161. Qualys denies the allegations contained in paragraph 161 of the Complaint.
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`162. Qualys denies the allegations contained in paragraph 162 of the Complaint.
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`163. Qualys denies the allegations contained in paragraph 163 of the Complaint.
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`164. Qualys denies the allegations contained in paragraph 164 of the Complaint.
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`165. Qualys denies the allegations contained in paragraph 165 of the Complaint.
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`166. Qualys denies the allegations contained in paragraph 166 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-13-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 16 of 54
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`167. Qualys denies the allegations contained in paragraph 167 of the Complaint.
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`168. Qualys denies the allegations contained in paragraph 168 of the Complaint.
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`169. Qualys denies the allegations contained in paragraph 169 of the Complaint.
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`170. Qualys denies the allegations contained in paragraph 170 of the Complaint.
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`171. Qualys denies the allegations contained in paragraph 171 of the Complaint.
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`172. Qualys denies the allegations contained in paragraph 172 of the Complaint.
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`173. Qualys denies the allegations contained in paragraph 173 of the Complaint.
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`174. Qualys denies the allegations contained in paragraph 174 of the Complaint.
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`175. Qualys denies the allegations contained in paragraph 175 of the Complaint.
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`176. Qualys denies the allegations contained in paragraph 176 of the Complaint.
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`COUNT X
`(Indirect Infringement of the ’968 Patent Pursuant to 35 U.S.C. § 271(b))
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`177. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`178. Qualys denies the allegations contained in paragraph 178 of the Complaint.
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`179. Qualys denies the allegations contained in paragraph 179 of the Complaint.
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`180. Qualys denies the allegations contained in paragraph 180 of the Complaint.
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`COUNT XI
`(Direct Infringement of the ’731 Patent Pursuant to 35 U.S.C. § 271(a))
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`181. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
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`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
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`as if fully set forth herein.
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`182. Qualys denies the allegations contained in paragraph 182 of the Complaint.
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`183. Qualys denies the allegations contained in paragraph 183 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
`
`-14-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 44-2 Filed 02/28/20 Page 17 of 54
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`184. Qualys denies the allegations contained in paragraph 184 of the Complaint.
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`185. Qualys denies the allegations contained in paragraph 185 of the Complaint.
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`186. Qualys denies the allegations contained in paragraph 186 of the Complaint.
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`187. Qualys denies the allegations contained in paragraph 187 of the Complaint.
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`188. Qualys denies the allegations contained in paragraph 188 of the Complaint.
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`189. Qualys denies the allegations contained in paragraph 189 of the Complaint.
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`190. Qualys denies the allegations contained in paragraph 190 of the Complaint.
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`191. Qualys denies the allegations contained in paragraph 191 of the Complaint.
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`192. Qualys denies the allegations contained in paragraph 192 of the Complaint.
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`193. Qualys denies the allegations contained in paragraph 193 of the Complaint.
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`194. Qualys denies the allegations contained in paragraph 194 of the Complaint.
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`195. Qualys denies the allegations contained in paragraph 195 of the Complaint.
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`196. Qualys denies the allegations contained in paragraph 196 of the Complaint.
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`197. Qualys denies the allegations contained in paragraph 197 of the Complaint.
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`198. Qualys denies the allegations contained in paragraph 198 of the Complaint.
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`199. Qualys denies the allegations contained in paragraph 199 of the Complaint.
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`200. Qualys denies the allegations contained in paragraph 200 of the Complaint.
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`201. Qualys denies the allegations contained in paragraph 201 of the Complaint.
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`202. Qualys denies the allegations contained in paragraph 202 of the Complaint.
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`203. Qualys denies the allegations contained in paragraph 203 of the Complaint.
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`204. Qualys denies the allegations contained in paragraph 204 of the Complaint.
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`205. Qualys denies the allegations contained in paragraph 205 of the Complaint.
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`206. Qualys denies the allegations contained in paragraph 206 of the Complaint.
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`207. Qualys denies the allegations contained in paragraph 207 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-15-
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`[PROPOSED] 2ND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
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`
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`Case 4:18-cv-07229-YGR Document 44-2 File