Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 1 of 13
`
`
`
`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`
`
`
`
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`FINJAN, INC., a Delaware Corporation,
`Case No.: 4:18-cv-07229-YGR
`
`
`PLAINTIFF FINJAN, INC.’S ANSWER
`
`TO DEFENDANT QUALYS, INC.’S
`
`SECOND AMENDED ANSWER TO
`COMPLAINT AND COUNTERCLAIMS
`
`
`v.
`
`
`QUALYS INC., a Delaware Corporation,
`
`
`
`
`
`
`Defendant.
`
`
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`CASE NO. 4:18-cv-07229-YGR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 2 of 13
`
`
`
`Plaintiff Finjan, Inc. (“Plaintiff” or “Finjan”) hereby answers the counterclaims by Defendant
`Qualys, Inc. (“Qualys”) set forth in Qualys’ Second Amended Answer to Complaint and
`Counterclaims filed on April 14, 2020 (the “Counterclaims”) as follows:
`QUALYS’ COUNTERCLAIMS
`THE PARTIES
`319. Finjan admits that Qualys is a corporation organized and existing under the laws of
`Delaware, and upon information and belief, that Qualys has its principal place of business at 919 E.
`Hillsdale Boulevard, 4th Floor, Foster City, California 94404.
`320. Admitted.
`
`JURISDICTION AND VENUE
`321. Finjan admits that this Court has subject matter jurisdiction over the matters pleaded in
`this action pursuant to 28 U.S.C. §§ 1331, 1338. Finjan admits that some of the Counterclaims
`purport to raise claims that would be within the Court’s jurisdiction under the Federal Declaratory
`Judgment Act (28 U.S.C. § 2201 et seq.). To the extent not expressly admitted, Finjan denies the
`allegations in this paragraph of the Counterclaims.
`322. Finjan admits that this Court has personal jurisdiction over Finjan. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`323. Finjan admits that venue is appropriate in this judicial district under 28 U.S.C. §§
`1391(b) and (c) and/or 1400(b). To the extent not expressly admitted, Finjan denies the allegations in
`this paragraph of the Counterclaims.
`FIRST COUNTERCLAIM
`(Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,154,844)
`324. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`325. Admitted.
`326. Admitted.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`1
`
`CASE NO. 4:18-cv-07229-YGR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 3 of 13
`
`
`
`327. Finjan admits that Qualys purports to deny that it has been or is infringing, directly or
`indirectly, any of the claims of the ‘844 Patent. To the extent not expressly admitted, Finjan denies
`the allegations in this paragraph of the Counterclaims.
`328. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether Qualys infringes any claim of the ‘844 Patent. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`329. Denied.
`
`SECOND COUNTERCLAIM
`(Declaratory Judgment of Invalidity of U.S. Patent No. 6,154,844)
`330. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`331. Admitted.
`332. Denied.
`333. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘844 Patent are invalid. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`334. Denied.
`
`THIRD COUNTERCLAIM
`(Declaratory Judgment of Non-Infringement of U.S. Patent No. 8,677,494)
`335. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`336. Admitted.
`337. Admitted.
`338. Finjan admits that Qualys purports to deny that it has been or is infringing, either
`directly or indirectly, any of the claims of the ‘494 Patent. To the extent not expressly admitted,
`Finjan denies the allegations in this paragraph of the Counterclaims.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`2
`
`CASE NO. 4:18-cv-07229-YGR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 4 of 13
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`339. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether Qualys infringes any claim of the ‘494 Patent. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`340. Denied.
`
`FOURTH COUNTERCLAIM
`(Declaratory Judgment of Invalidity of U.S. Patent No. 8,677,494)
`341. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`342. Admitted.
`343. Denied.
`344. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘494 Patent are invalid. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`345. Denied.
`
`FIFTH COUNTERCLAIM
`(Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,975,305)
`346. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`347. Admitted.
`348. Admitted.
`349. Finjan admits that Qualys purports to deny that it has been or is infringing, either
`directly or indirectly, any of the claims of the ‘305 Patent. To the extent not expressly admitted,
`Finjan denies the allegations in this paragraph of the Counterclaims.
`350. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether Qualys infringes any claim of the ‘305 Patent. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`351. Denied.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`3
`
`CASE NO. 4:18-cv-07229-YGR
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 5 of 13
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`SIXTH COUNTERCLAIM
`(Declaratory Judgment of Invalidity of U.S. Patent No. 7,975,305)
`352. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`353. Admitted.
`354. Denied.
`355. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘305 Patent are invalid. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`356. Denied.
`
`SEVENTH COUNTERCLAIM
`(Declaratory Judgment of Non-Infringement of U.S. Patent No. 8,225,408)
`357. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`358. Admitted.
`359. Admitted.
`360. Finjan admits that Qualys purports to deny that is has been or is infringing, directly or
`indirectly, any of the claims of the ‘408 Patent. To the extent not expressly admitted, Finjan denies
`the allegations in this paragraph of the Counterclaims.
`361. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether Qualys infringes any claim of the ‘408 Patent. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`362. Denied.
`
`EIGHTH COUNTERCLAIM
`(Declaratory Judgment of Invalidity of U.S. Patent No. 8,225,408)
`363. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`364. Admitted.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`4
`
`CASE NO. 4:18-cv-07229-YGR
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 6 of 13
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`365. Denied.
`366. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘408 Patent are invalid. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`367. Denied.
`
`NINTH COUNTERCLAIM
`(Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,954,968)
`368. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`369. Admitted.
`370. Admitted.
`371. Finjan admits that Qualys purports to deny that is has been or is infringing, directly or
`indirectly, any of the claims of the ‘968 Patent. To the extent not expressly admitted, Finjan denies
`the allegations in this paragraph of the Counterclaims.
`372. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether Qualys infringes any claim of the ‘968 Patent. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`373. Denied.
`
`TENTH COUNTERCLAIM
`(Declaratory Judgment of Invalidity of U.S. Patent No. 6,954,968)
`374. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`375. Admitted.
`376. Denied.
`377. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘968 Patent are invalid. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`5
`
`CASE NO. 4:18-cv-07229-YGR
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 7 of 13
`
`
`
`378. Denied.
`
`ELEVENTH COUNTERCLAIM
`(Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,418,731)
`379. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`380. Admitted.
`381. Admitted.
`382. Finjan admits that Qualys purports to deny that it has been or is infringing, directly or
`indirectly, any of the claims of the ‘731 Patent. To the extent not expressly admitted, Finjan denies
`the allegations in this paragraph of the Counterclaims.
`383. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether Qualys infringes any claim of the ‘731 Patent. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`384. Denied.
`
`TWELFTH COUNTERCLAIM
`(Declaratory Judgment of Invalidity of U.S. Patent No. 7,418,731)
`385. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`386. Admitted.
`387. Denied.
`388. Finjan admits that there is an actual and justiciable controversy between Qualys and
`Finjan as to whether one or more claims of the ‘731 Patent are invalid. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`389. Denied.
`
`THIRTEENTH COUNTERCLAIM
`(Declaratory Judgment of Non-Infringement of U.S. Patent No. 8,141,154)
`390. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`6
`
`CASE NO. 4:18-cv-07229-YGR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 8 of 13
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`391. Admitted.
`392. Admitted.
`393. Finjan admits that Qualys purports to deny that it has been or is infringing, directly or
`indirectly, any of the claims of the ‘154 Patent. To the extent not expressly admitted, Finjan denies
`the allegations in this paragraph of the Counterclaims.
`394. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether Qualys infringes any claim of the ‘154 Patent. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`395. Denied.
`
`FOURTEENTH COUNTERCLAIM
`(Declaratory Judgment of Invalidity of U.S. Patent No. 8,141,154)
`396. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`397. Admitted.
`398. Denied.
`399. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘154 Patent are invalid. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`400. Denied.
`
`FIFTEENTH COUNTERCLAIM
`(Declaratory Judgment of Unenforceability of
`U.S. Patent No. 8,677,494 Due to Inequitable Conduct)
`401. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`402. Admitted.
`403. Finjan admits that Qualys purports to deny that the ‘494 Patent is enforceable and
`contends that it is unenforceable on the grounds of inequitable conduct. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`7
`
`CASE NO. 4:18-cv-07229-YGR
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 9 of 13
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`404. Denied.
`405. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘494 Patent is enforceable. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`406. Denied.
`
`SIXTEENTH COUNTERCLAIM
`(Declaratory Judgment of Unenforceability of
`U.S. Patent No. 8,141,154 Due to Inequitable Conduct)
`407. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`408. Admitted.
`409. Finjan admits that Qualys purports to deny that the ‘154 Patent is enforceable and
`contends that it is unenforceable on the grounds of inequitable conduct. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`410. Denied.
`411. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘154 Patent is enforceable. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`412. Denied.
`
`SEVENTEENTH COUNTERCLAIM
`(Declaratory Judgment of Unenforceability of
`U.S. Patent No. 7,975,305 Due to Inequitable Conduct)
`413. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`414. Admitted.
`415. Finjan admits that Qualys purports to deny that the ‘305 Patent is enforceable and
`contends that it is unenforceable on the grounds of inequitable conduct. To the extent not expressly
`admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`8
`
`CASE NO. 4:18-cv-07229-YGR
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 10 of 13
`
`
`
`416. Denied.
`417. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘305 Patent is enforceable. To the extent not
`expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`418. Denied.
`
`EIGHTEENTH COUNTERCLAIM
`(Declaratory Judgment of Unenforceability of
`U.S. Patent Nos. 8,677,494 and 8,141,154 Due to Unclean Hands)
`419. Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`and the preceding paragraphs of this Answer as though fully set forth herein.
`420. Admitted.
`421. Finjan admits that Qualys purports to deny that the ‘494 and ‘154 Patents are
`enforceable and contends that they are unenforceable on the grounds of unclean hands. To the extent
`not expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`422. Denied.
`423. Finjan admits that there exists an actual and justiciable controversy between Qualys
`and Finjan as to whether one or more claims of the ‘494 and ‘154 Patents are enforceable. To the
`extent not expressly admitted, Finjan denies the allegations in this paragraph of the Counterclaims.
`424. Denied.
`
`JURY DEMAND
`425. Finjan has demanded a jury trial on all issues so triable and admits that Qualys purports
`to join in this demand.
`
`QUALYS’ PRAYER FOR RELIEF
`Finjan denies that Qualys is entitled to any relief, and specifically denies the allegations and
`requests for relief set forth in paragraphs A-E under the heading “PRAYER FOR RELIEF” in the
`Counterclaims.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`9
`
`CASE NO. 4:18-cv-07229-YGR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 11 of 13
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`FINJAN’S AFFIRMATIVE DEFENSES
`Without admitting or acknowledging that it bears the burden of proof as to any of them, and
`without waiver, limitation or prejudice, Finjan hereby asserts the following affirmative defenses:
`Finjan’s First Affirmative Defense
`(Failure to State Claim)
`Finjan realleges and incorporates by reference all the allegations set forth in its
`1.
`Complaint and the preceding paragraphs of this Answer as though fully set forth herein.
`Counterclaims 1-18 fail to state a cause of action upon which relief may be granted.
`2.
`Counterclaims 1-14 are conclusory and fail to allege any facts to support the assertions of non-
`infringement or invalidity, and thus they fail to provide fair notice of the basis for the claims.
`Counterclaims 15-18 each fail to state plausible claims upon which relief may be
`3.
`granted, as none of these Counterclaims, taking all factual allegations as true and ignoring the
`unsupported legal conclusions, state sufficient grounds to find that any of the Patents-in-Suit are
`unenforceable. The Counterclaims are deficient in many respects, including regarding purported
`allegations of deceit before the Patent and Trademark Office (“PTO”) and there is no allegation to
`support that the “single most reasonable inference” of the alleged facts is an intent to deceive the
`PTO. Therefore, there is no proper claim for declaratory relief and Qualys’ Counterclaims 1-18 fail to
`state a claim.
`
`Finjan’s Second Affirmative Defense
`(Good Faith)
`Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`4.
`and the preceding paragraphs of this Answer as though fully set forth herein.
`Counterclaims 15-18 are barred, in whole or in part, because Finjan’s actions were
`5.
`taken in good faith, with the absence of malicious intent, and constituted and constitute lawful, proper,
`and justified means to accomplish legitimate business objectives.
`At all times during prosecution of the patents-in-suit (and all related patents), Finjan
`6.
`and its counsel complied with all applicable PTO rules, regulations and procedures governing the
`prosecution of patents, and fully complied with the duty of candor.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`10
`
`CASE NO. 4:18-cv-07229-YGR
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 12 of 13
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`Finjan’s Third Affirmative Defense
`(Equitable Estoppel)
`Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`7.
`and the preceding paragraphs of this Answer as though fully set forth herein.
`Counterclaims 15-18 are barred, in whole or in part, by the doctrine of equitable
`8.
`estoppel.
`
`Finjan’s Fourth Affirmative Defense
`(Unclean Hands)
`Finjan realleges and incorporates by reference the allegations set forth in its Complaint
`9.
`and the preceding paragraphs of this Answer as though fully set forth herein.
`Counterclaims 15-18 are barred, in whole or in part, by the doctrine of unclean hands.
`10.
`Finjan’s Reservation of Defenses
`Finjan’s investigation of its defenses is ongoing. Finjan reserves all affirmative
`11.
`defenses under Rule 8(c) of the Federal Rules of Civil Procedure, the Patent Laws of the United
`States, and any other defenses at law or in equity that may exist now or that may be available in the
`future based on discovery and further factual investigation in this action.
`FINJAN’S PRAYER FOR RELIEF
`WHEREFORE, Finjan prays for relief against the Counterclaimant as follows:
`A.
`That each of the Counterclaims be dismissed with prejudice;
`B.
`For an entry of judgment that Qualys is not entitled to the relief sought, or any other
`relief, on the Counterclaims;
`C.
`That the Court award Finjan the relief sought in its Complaint;
`D.
`For an entry of judgment declaring that Qualys infringes all claims of the asserted
`patents;
`For an entry of judgment declaring that each and every claim of the asserted patents is
`E.
`valid and enforceable;
`F.
`For a determination that Qualys’ infringement has been willful, wanton and deliberate
`and that Finjan is entitled to up to treble damages on this basis;
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`11
`
`CASE NO. 4:18-cv-07229-YGR
`
`

`

`Case 4:18-cv-07229-YGR Document 66 Filed 04/28/20 Page 13 of 13
`
`
`
`For a finding that this case is “exceptional” and an award to Finjan of its costs and
`G.
`reasonable attorney’s fees, as provided by 35 U.S.C. § 285; and
`H.
`That Finjan be granted all further and other relief as the Court may deem proper and
`
`just.
`
`
`
`
`DATED: April 28, 2020
`
`
`
`Respectfully submitted,
`
`
`
`By: /s/ Lisa Kobialka
`
`Paul J. Andre (State Bar. No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`FINJAN’S ANSWER TO QUALYS’
`SECOND AMENDED COUNTERCLAIMS
`
`12
`
`CASE NO. 4:18-cv-07229-YGR
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`