Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 1 of 47
`
`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) 210-2900
`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
`
`DEFENDANT QUALYS INC.’S
`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
`
`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 2 of 47
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`Defendant Qualys Inc. (“Qualys”), by and through its undersigned attorneys, hereby files
`its second amended answer and asserted counterclaims in response to the Complaint filed by
`Plaintiff Finjan, Inc. (“Finjan”) as follows:
`SECOND AMENDED ANSWER TO COMPLAINT FOR PATENT INFRINGEMENT
`THE PARTIES
`Qualys admits that, upon information and belief, Finjan is a Delaware corporation,
`1.
`with its principal place of business at 2000 University Ave., Suite 600, East Palo Alto, California
`94303.
`Qualys admits that it is a Delaware corporation with its principal place of business
`2.
`at 919 E. Hillsdale Boulevard, 4th Floor, Foster City, California 94404.
`JURISDICTION AND VENUE
`Qualys admits that Finjan’s Complaint purports to be an action for patent
`3.
`infringement under the patent laws of the United States of America, Title 35 of the United States
`Code. Qualys admits that this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
`and 1338. Qualys denies any and all remaining allegations in paragraph 3 of the Complaint.
`4.
`Qualys admits that venue is proper in this district pursuant to 28 U.S.C § 1400(b).
`Qualys denies any and all remaining allegations in paragraph 4 of the Complaint.
`5.
`Qualys admits that this Court has personal jurisdiction over Qualys. Qualys denies
`any and all remaining allegations in paragraph 5 of the Complaint.
`INTRADISTRICT ASSIGNMENT
`Qualys admits that pursuant to Civil L.R. 3-2(c), Intellectual Property Actions are
`6.
`assigned on a district-wide basis.
`FINJAN’S ALLEGED INNOVATIONS
`Qualys is without knowledge or information sufficient to form a belief as to the
`7.
`truth of the allegations of paragraph 7 of the Complaint, and accordingly denies the same.
`8.
`Qualys is without knowledge or information sufficient to form a belief as to the
`truth of the allegations of paragraph 8 of the Complaint, and accordingly denies the same.
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`CASE NO. 4:18-cv-07229-YGR
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`-1-
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`

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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 3 of 47
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`FINJAN’S ASSERTED PATENTS
`Qualys admits that Finjan purports that U.S. Patent No. 6,154,844 (“the ’844
`9.
`Patent”), titled “System and Method for Attaching a Downloadable Security Profile to a
`Downloadable,” was issued to Shlomo Touboul and Nachshon Gal on November 28, 2000.
`Qualys admits that Finjan purports that a true and correct copy of the ’844 Patent is attached to the
`Complaint as Exhibit 1. Qualys denies any and all remaining allegations in paragraph 9 of the
`Complaint.
`Qualys admits that Finjan purports that Finjan is the owner of the ’844 Patent with
`10.
`all rights, title, and interest to that patent and has been the sole owner of the ’844 Patent since its
`issuance. Qualys denies any and all remaining allegations in paragraph 10 of the Complaint.
`11.
`Qualys denies the allegations contained in paragraph 11 of the Complaint.
`12.
`Qualys admits that Finjan purports that U.S. Patent No. 8,677,494 (“the ’494
`Patent”), titled “Malicious Mobile Code Runtime Monitoring System and Methods,” was issued to
`Yigal Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll, and Shlomo Touboul on March 18,
`2014. Qualys admits that Finjan purports that a true and correct copy of the ’494 Patent is
`attached to the Complaint as Exhibit 2. Qualys denies any and all remaining allegations in
`paragraph 12 of the Complaint.
`13.
`Qualys admits that Finjan purports that Finjan is the owner of the ’494 Patent with
`all rights, title, and interest to that patent and has been the sole owner of the ’494 Patent since its
`issuance. Qualys denies any and all remaining allegations in paragraph 13 of the Complaint.
`14.
`Qualys denies the allegations contained in paragraph 14 of the Complaint.
`15.
`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
`Computers,” was issued to Moshe Rubin, Moshe Matitya, Artem Melnick, Shlomo Touboul,
`Alexander Yermakov, and Amit Shaked on July 5, 2011. Qualys admits that Finjan purports that a
`true and correct copy of the ’305 Patent is attached to the Complaint as Exhibit 3. Qualys denies
`any and all remaining allegations in paragraph 15 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Qualys admits that Finjan purports that Finjan is the owner of the ’305 Patent with
`16.
`all rights, title, and interest to that patent and has been the sole owner of the ’305 Patent since its
`issuance. Qualys denies any and all remaining allegations in paragraph 16 of the Complaint.
`17.
`Qualys denies the allegations contained in paragraph 17 of the Complaint.
`18.
`Qualys admits that Finjan purports that U.S. Patent No. 8,225,408 (“the ’408
`Patent”), titled “Method and System for Adaptive Rule-Based Content Scanners,” was issued to
`Moshe Rubin, Moshe Matitya, Artem Melnick, Shlomo Touboul, Alexander Yermakov, and Amit
`Shaked on July 17, 2012. Qualys admits that Finjan purports that a true and correct copy of the
`’408 Patent is attached to the Complaint as Exhibit 4. Qualys denies any and all remaining
`allegations in paragraph 18 of the Complaint.
`19.
`Qualys admits that Finjan purports that Finjan is the owner of the ’408 Patent with
`all rights, title, and interest to that patent and has been the sole owner of the ’408 Patent since its
`issuance. Qualys denies any and all remaining allegations in paragraph 19 of the Complaint.
`20.
`Qualys denies the allegations contained in paragraph 20 of the Complaint.
`21.
`Qualys admits that Finjan purports that U.S. Patent No. 6,965,968 (“the ’968
`Patent”), titled “Policy-Based Caching,” was issued to Shlomo Touboul on November 15, 2005.
`Qualys admits that Finjan purports that a true and correct copy of the ’968 Patent is attached to the
`Complaint as Exhibit 5. Qualys denies any and all remaining allegations in paragraph 21 of the
`Complaint.
`Qualys admits that Finjan purports that Finjan is the owner of the ’968 Patent with
`22.
`all rights, title, and interest to that patent and has been the sole owner of the ’968 Patent since its
`issuance. Qualys denies any and all remaining allegations in paragraph 22 of the Complaint.
`23.
`Qualys denies the allegations contained in paragraph 23 of the Complaint.
`24.
`Qualys admits that Finjan purports that U.S. Patent No. 7,418,731 (“the ’731
`Patent”), titled “Method and System for Caching at Secure Gateways,” was issued to Shlomo
`Touboul on August 26, 2008. Qualys admits that Finjan purports that a true and correct copy of
`the ’731 Patent is attached to the Complaint as Exhibit 6. Qualys denies any and all remaining
`allegations in paragraph 24 of the Complaint.
`
`CASE NO. 4:18-cv-07229-YGR
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`-3-
`
`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
`
`

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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 5 of 47
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`Qualys admits that Finjan purports that Finjan is the owner of the ’731 Patent with
`25.
`all rights, title, and interest to that patent and has been the sole owner of the ’731 Patent since its
`issuance. Qualys denies any and all remaining allegations in paragraph 25 of the Complaint.
`26.
`Qualys denies the allegations contained in paragraph 26 of the Complaint.
`27.
`Qualys admits that Finjan purports that U.S. Patent No. 8,141,154 (“the ’154
`Patent”), titled “System and Method for Inspecting Dynamically Generated Executable Code,”
`was issued to David Gruzman and Yuval Ben-Itzhak on March 20, 2012. Qualys admits that
`Finjan purports that a true and correct copy of the ’154 Patent is attached to the Complaint as
`Exhibit 7. Qualys denies any and all remaining allegations in paragraph 27 of the Complaint.
`28.
`Qualys admits that Finjan purports that Finjan is the owner of the ’154 Patent with
`all rights, title, and interest to that patent and has been the sole owner of the ’154 Patent since its
`issuance. Qualys denies any and all remaining allegations in paragraph 28 of the Complaint.
`29.
`Qualys denies the allegations contained in paragraph 29 of the Complaint.
`30.
`Qualys admits that the patents in paragraphs 9-29 of the Complaint are collectively
`referred to as the “Asserted Patents” in the Complaint. Qualys denies any and all remaining
`allegations in paragraph 30 of the Complaint.
`FINJAN’S ALLEGED NOTICE OF INFRINGEMENT TO DEFENDANT
`31.
`Qualys admits only that Finjan sent a letter dated November 12, 2015, attached as
`Exhibit 23 to the Complaint, to Qualys, which identified the ’844, ’494, ’305, ’968, and ’154
`Patents. Qualys denies any and all remaining allegations in paragraph 31 of the Complaint.
`32.
`Qualys admits only that Finjan sent a letter dated December 7, 2017, attached as
`Exhibit 24 to the Complaint, to Qualys, which identified the ’844, ’494, ’305, and ’968 Patents.
`Qualys denies any and all remaining allegations in paragraph 32 of the Complaint.
`33.
`Qualys denies the allegations in paragraph 33 of the Complaint.
`QUALYS’S ALLEGEDLY INFRINGING PRODUCTS AND TECHNOLOGIES
`34.
`Qualys admits that it sells and offers to sell products and services relating to
`“Vulnerability Management,” “Threat Protection,” “Continuous Monitoring,” “Indicators of
`Compromise,” “Container Security,” “Web App Firewall,” “Web App Scanning,” and
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`CASE NO. 4:18-cv-07229-YGR
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`-4-
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 6 of 47
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`“Compliance Monitoring,” including “Qualys Cloud Platform products.” Qualys admits that
`Finjan’s Complaint refers to the foregoing as the “Accused Products.” Qualys denies any and all
`remaining allegations in paragraph 34 of the Complaint.
`35.
`Qualys denies the allegations contained in paragraph 35 of the Complaint.
`ALLEGED QUALYS INFRINGEMENT OF FINJAN’S PATENTS
`Vulnerability Management (VM)
`
`36.
`37.
`
`38.
`39.
`
`Admitted.
`Admitted.
`
`Admitted.
`Admitted.
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`Threat Protection
`
`Continuous Monitoring (CM)
`Qualys admits that CM works in tandem with VM to discover hosts and digital
`40.
`certificates, organize assets by business or technology function, and be alerted as soon as
`vulnerabilities appear on the global perimeter from a single console. Qualys also admits that CM
`automates monitoring of the global perimeter, tracking systems in the global network, wherever
`they are. Qualys denies any and all remaining allegations in paragraph 40 of the Complaint.
`41.
`Admitted.
`
`Indicators of Compromise (IOC)
`
`42.
`43.
`44.
`
`45.
`46.
`47.
`48.
`
`Admitted.
`Admitted.
`Admitted.
`
`Admitted.
`Admitted.
`Admitted.
`Admitted.
`
`Container Security (CS)
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 7 of 47
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`Web App Firewall (WAF)
`Qualys admits that WAF can be managed from a centralized portal. Qualys also
`49.
`admits that with no special hardware to buy nor maintain, Qualys WAF’s virtual appliance can be
`deployed and scaled up quickly on premises using VMware, Hyper-V or Docker, and in public
`cloud platforms, such as AWS, Azure or Google Cloud Platform. Qualys further admits that WAF
`continuously communicates with the Qualys Cloud Platform, tracking configuration changes and
`sending it the latest security events. Qualys denies any and all remaining allegations in paragraph
`49 of the Complaint.
`50.
`Qualys admits that WAF gives complete visibility into its data for continuous
`monitoring, risk assessments and remediation plans. Qualys also admits that a dashboard
`summarizes website traffic information and security event trends. Qualys further admits that
`WAF continuously indexes security events into local Elasticsearch or Splunk clusters, making data
`instantly discoverable. Qualys denies any and all remaining allegations in paragraph 50 of the
`Complaint.
`51.
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`Admitted.
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`Web App Scanning (WAS)
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`52.
`53.
`
`Admitted.
`Admitted.
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`Compliance Monitoring
`include Policy
`that
`the Compliance Monitoring Solutions
`Qualys admits
`54.
`Compliance, Security Assessment Questionnaire, and PCI. Qualys also admits that Compliance
`Monitoring uses a cloud-based solution to automate assessment of security and compliance
`controls in order to demonstrate a repeatable and trackable process to auditors and stakeholders.
`Qualys denies any and all remaining allegations in paragraph 54 of the Complaint.
`QUALYS’S ALLEGEDLY WILLFUL INFRINGEMENT OF FINJAN’S PATENTS
`55.
`Qualys denies the allegations contained in paragraph 55 of the Complaint.
`56.
`Qualys denies the allegations contained in paragraph 56 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 8 of 47
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`COUNT I
`(Direct Infringement of the ’844 Patent Pursuant to 35 U.S.C. § 271(a))
`Qualys admits that Finjan purports to repeat, reallege, and incorporate by reference
`57.
`the allegations of the preceding paragraphs and Qualys incorporates its responses thereto as if fully
`set forth herein.
`58.
`Qualys denies the allegations contained in paragraph 58 of the Complaint.
`59.
`Qualys denies the allegations contained in paragraph 59 of the Complaint.
`60.
`Qualys denies the allegations contained in paragraph 60 of the Complaint.
`61.
`Qualys denies the allegations contained in paragraph 61 of the Complaint.
`62.
`Qualys denies the allegations contained in paragraph 62 of the Complaint.
`63.
`Qualys denies the allegations contained in paragraph 63 of the Complaint.
`64.
`Qualys denies the allegations contained in paragraph 64 of the Complaint.
`65.
`Qualys denies the allegations contained in paragraph 65 of the Complaint.
`66.
`Qualys denies the allegations contained in paragraph 66 of the Complaint.
`67.
`Qualys denies the allegations contained in paragraph 67 of the Complaint.
`68.
`Qualys denies the allegations contained in paragraph 68 of the Complaint.
`69.
`Qualys denies the allegations contained in paragraph 69 of the Complaint.
`70.
`Qualys denies the allegations contained in paragraph 70 of the Complaint.
`71.
`Qualys denies the allegations contained in paragraph 71 of the Complaint.
`72.
`Qualys denies the allegations contained in paragraph 72 of the Complaint.
`73.
`Qualys denies the allegations contained in paragraph 73 of the Complaint.
`COUNT II
`(Indirect Infringement of the ’844 Patent pursuant to 35 U.S.C. § 271(b))
`74.
`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`75.
`Qualys denies the allegations contained in paragraph 75 of the Complaint.
`76.
`Qualys denies the allegations contained in paragraph 76 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-7-
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 9 of 47
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`COUNT III
`(Direct Infringement of the ’494 Patent pursuant to 35 U.S.C. § 271(a))
`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`77.
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`78.
`Qualys denies the allegations contained in paragraph 78 of the Complaint.
`79.
`Qualys denies the allegations contained in paragraph 79 of the Complaint.
`80.
`Qualys denies the allegations contained in paragraph 80 of the Complaint.
`81.
`Qualys denies the allegations contained in paragraph 81 of the Complaint.
`82.
`Qualys denies the allegations contained in paragraph 82 of the Complaint.
`83.
`Qualys denies the allegations contained in paragraph 83 of the Complaint.
`84.
`Qualys denies the allegations contained in paragraph 84 of the Complaint.
`85.
`Qualys denies the allegations contained in paragraph 85 of the Complaint.
`86.
`Qualys denies the allegations contained in paragraph 86 of the Complaint.
`87.
`Qualys denies the allegations contained in paragraph 87 of the Complaint.
`88.
`Qualys denies the allegations contained in paragraph 88 of the Complaint.
`89.
`Qualys denies the allegations contained in paragraph 89 of the Complaint.
`90.
`Qualys denies the allegations contained in paragraph 90 of the Complaint.
`91.
`Qualys denies the allegations contained in paragraph 91 of the Complaint.
`92.
`Qualys denies the allegations contained in paragraph 92 of the Complaint.
`COUNT IV
`(Indirect Infringement of the ’494 Patent pursuant to 35 U.S.C. § 271(b))
`93.
`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`94.
`Qualys denies the allegations contained in paragraph 94 of the Complaint.
`95.
`Qualys denies the allegations contained in paragraph 95 of the Complaint.
`96.
`Qualys denies the allegations contained in paragraph 96 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 10 of 47
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`COUNT V
`(Direct Infringement of the ’305 Patent Pursuant to 35 U.S.C. § 271(a))
`Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`97.
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`98.
`Qualys denies the allegations contained in paragraph 98 of the Complaint.
`99.
`Qualys denies the allegations contained in paragraph 99 of the Complaint.
`100. Qualys denies the allegations contained in paragraph 100 of the Complaint.
`101. Qualys denies the allegations contained in paragraph 101 of the Complaint.
`102. Qualys denies the allegations contained in paragraph 102 of the Complaint.
`103. Qualys denies the allegations contained in paragraph 103 of the Complaint.
`104. Qualys denies the allegations contained in paragraph 104 of the Complaint.
`105. Qualys denies the allegations contained in paragraph 105 of the Complaint.
`106. Qualys denies the allegations contained in paragraph 106 of the Complaint.
`107. Qualys denies the allegations contained in paragraph 107 of the Complaint.
`108. Qualys denies the allegations contained in paragraph 108 of the Complaint.
`109. Qualys denies the allegations contained in paragraph 109 of the Complaint.
`110. Qualys denies the allegations contained in paragraph 110 of the Complaint.
`111. Qualys denies the allegations contained in paragraph 111 of the Complaint.
`112. Qualys denies the allegations contained in paragraph 112 of the Complaint.
`113. Qualys denies the allegations contained in paragraph 113 of the Complaint.
`114. Qualys denies the allegations contained in paragraph 114 of the Complaint.
`115. Qualys denies the allegations contained in paragraph 115 of the Complaint.
`116. Qualys denies the allegations contained in paragraph 116 of the Complaint.
`117. Qualys denies the allegations contained in paragraph 117 of the Complaint.
`118. Qualys denies the allegations contained in paragraph 118 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`COUNT VI
`(Indirect Infringement of the ’305 Patent Pursuant to 35 U.S.C. § 271(b))
`119. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`120. Qualys denies the allegations contained in paragraph 120 of the Complaint.
`121. Qualys denies the allegations contained in paragraph 121 of the Complaint.
`122. Qualys denies the allegations contained in paragraph 122 of the Complaint.
`COUNT VII
`(Direct Infringement of the ’408 Patent Pursuant to 35 U.S.C. § 271(a))
`123. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`124. Qualys denies the allegations contained in paragraph 124 of the Complaint.
`125. Qualys denies the allegations contained in paragraph 125 of the Complaint.
`126. Qualys denies the allegations contained in paragraph 126 of the Complaint.
`127. Qualys denies the allegations contained in paragraph 127 of the Complaint.
`128. Qualys denies the allegations contained in paragraph 128 of the Complaint.
`129. Qualys denies the allegations contained in paragraph 129 of the Complaint.
`130. Qualys denies the allegations contained in paragraph 130 of the Complaint.
`131. Qualys denies the allegations contained in paragraph 131 of the Complaint.
`132. Qualys denies the allegations contained in paragraph 132 of the Complaint.
`133. Qualys denies the allegations contained in paragraph 133 of the Complaint.
`134. Qualys denies the allegations contained in paragraph 134 of the Complaint.
`135. Qualys denies the allegations contained in paragraph 135 of the Complaint.
`136. Qualys denies the allegations contained in paragraph 136 of the Complaint.
`137. Qualys denies the allegations contained in paragraph 137 of the Complaint.
`138. Qualys denies the allegations contained in paragraph 138 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 12 of 47
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`139. Qualys denies the allegations contained in paragraph 139 of the Complaint.
`140. Qualys denies the allegations contained in paragraph 140 of the Complaint.
`141. Qualys denies the allegations contained in paragraph 141 of the Complaint.
`142. Qualys denies the allegations contained in paragraph 142 of the Complaint.
`143. Qualys denies the allegations contained in paragraph 143 of the Complaint.
`144. Qualys denies the allegations contained in paragraph 144 of the Complaint.
`145. Qualys denies the allegations contained in paragraph 145 of the Complaint.
`146. Qualys denies the allegations contained in paragraph 146 of the Complaint.
`147. Qualys denies the allegations contained in paragraph 147 of the Complaint.
`148. Qualys denies the allegations contained in paragraph 148 of the Complaint.
`149. Qualys denies the allegations contained in paragraph 149 of the Complaint.
`150. Qualys denies the allegations contained in paragraph 150 of the Complaint.
`COUNT VIII
`(Indirect Infringement of the ’408 Patent Pursuant to 35 U.S.C. § 271(b))
`151. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`152. Qualys denies the allegations contained in paragraph 152 of the Complaint.
`153. Qualys denies the allegations contained in paragraph 153 of the Complaint.
`154. Qualys denies the allegations contained in paragraph 154 of the Complaint.
`COUNT IX
`(Direct Infringement of the ’968 Patent pursuant to 35 U.S.C. § 271(a))
`155. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`156. Qualys denies the allegations contained in paragraph 156 of the Complaint.
`157. Qualys denies the allegations contained in paragraph 157 of the Complaint.
`158. Qualys denies the allegations contained in paragraph 158 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-11-
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 13 of 47
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`159. Qualys denies the allegations contained in paragraph 159 of the Complaint.
`160. Qualys denies the allegations contained in paragraph 160 of the Complaint.
`161. Qualys denies the allegations contained in paragraph 161 of the Complaint.
`162. Qualys denies the allegations contained in paragraph 162 of the Complaint.
`163. Qualys denies the allegations contained in paragraph 163 of the Complaint.
`164. Qualys denies the allegations contained in paragraph 164 of the Complaint.
`165. Qualys denies the allegations contained in paragraph 165 of the Complaint.
`166. Qualys denies the allegations contained in paragraph 166 of the Complaint.
`167. Qualys denies the allegations contained in paragraph 167 of the Complaint.
`168. Qualys denies the allegations contained in paragraph 168 of the Complaint.
`169. Qualys denies the allegations contained in paragraph 169 of the Complaint.
`170. Qualys denies the allegations contained in paragraph 170 of the Complaint.
`171. Qualys denies the allegations contained in paragraph 171 of the Complaint.
`172. Qualys denies the allegations contained in paragraph 172 of the Complaint.
`173. Qualys denies the allegations contained in paragraph 173 of the Complaint.
`174. Qualys denies the allegations contained in paragraph 174 of the Complaint.
`175. Qualys denies the allegations contained in paragraph 175 of the Complaint.
`176. Qualys denies the allegations contained in paragraph 176 of the Complaint.
`COUNT X
`(Indirect Infringement of the ’968 Patent Pursuant to 35 U.S.C. § 271(b))
`177. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`178. Qualys denies the allegations contained in paragraph 178 of the Complaint.
`179. Qualys denies the allegations contained in paragraph 179 of the Complaint.
`180. Qualys denies the allegations contained in paragraph 180 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-12-
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 14 of 47
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`COUNT XI
`(Direct Infringement of the ’731 Patent Pursuant to 35 U.S.C. § 271(a))
`181. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`182. Qualys denies the allegations contained in paragraph 182 of the Complaint.
`183. Qualys denies the allegations contained in paragraph 183 of the Complaint.
`184. Qualys denies the allegations contained in paragraph 184 of the Complaint.
`185. Qualys denies the allegations contained in paragraph 185 of the Complaint.
`186. Qualys denies the allegations contained in paragraph 186 of the Complaint.
`187. Qualys denies the allegations contained in paragraph 187 of the Complaint.
`188. Qualys denies the allegations contained in paragraph 188 of the Complaint.
`189. Qualys denies the allegations contained in paragraph 189 of the Complaint.
`190. Qualys denies the allegations contained in paragraph 190 of the Complaint.
`191. Qualys denies the allegations contained in paragraph 191 of the Complaint.
`192. Qualys denies the allegations contained in paragraph 192 of the Complaint.
`193. Qualys denies the allegations contained in paragraph 193 of the Complaint.
`194. Qualys denies the allegations contained in paragraph 194 of the Complaint.
`195. Qualys denies the allegations contained in paragraph 195 of the Complaint.
`196. Qualys denies the allegations contained in paragraph 196 of the Complaint.
`197. Qualys denies the allegations contained in paragraph 197 of the Complaint.
`198. Qualys denies the allegations contained in paragraph 198 of the Complaint.
`199. Qualys denies the allegations contained in paragraph 199 of the Complaint.
`200. Qualys denies the allegations contained in paragraph 200 of the Complaint.
`201. Qualys denies the allegations contained in paragraph 201 of the Complaint.
`202. Qualys denies the allegations contained in paragraph 202 of the Complaint.
`203. Qualys denies the allegations contained in paragraph 203 of the Complaint.
`204. Qualys denies the allegations contained in paragraph 204 of the Complaint.
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`CASE NO. 4:18-cv-07229-YGR
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`-13-
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`2ND AMENDED ANSWER TO COMPLAINT AND
`COUNTERCLAIMS
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`Case 4:18-cv-07229-YGR Document 62 Filed 04/14/20 Page 15 of 47
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`205. Qualys denies the allegations contained in paragraph 205 of the Complaint.
`206. Qualys denies the allegations contained in paragraph 206 of the Complaint.
`207. Qualys denies the allegations contained in paragraph 207 of the Complaint.
`COUNT XII
`(Indirect Infringement of the ’731 Patent Pursuant to 35 U.S.C. § 271(b))
`208. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`209. Qualys denies the allegations contained in paragraph 209 of the Complaint.
`210. Qualys denies the allegations contained in paragraph 210 of the Complaint.
`211. Qualys denies the allegations contained in paragraph 211 of the Complaint.
`COUNT XIII
`(Direct Infringement of the ’154 Patent Pursuant to 35 U.S.C. § 271(a))
`212. Qualys admits only that Finjan purports to repeat, reallege, and incorporate by
`reference the allegations of the preceding paragraphs and Qualys incorporates its responses thereto
`as if fully set forth herein.
`213. Qualys denies the allegations contained in paragraph 213 of the Complaint.
`214. Qualys denies the allegations contained in paragraph 214 of the Complaint.
`215. Qualys denies the allegations contained in paragraph 215 of the Complaint.
`216. Qualys denies the allegations contained in paragraph 216 of the Complaint.
`217. Qualys deni