Case 4:18-cv-07229-YGR Document 80-4 Filed 07/22/20 Page 1 of 6
`Case 4:18-cv-07229—YGR Document 80-4 Filed 07/22/20 Page 1 of 6
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`QUALYS EXHIBIT E
`QUALYS EXHIBIT E
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`Case 4:18-cv-07229-YGR Document 80-4 Filed 07/22/20 Page 2 of 6
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`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
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
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`Attorneys for Plaintiff
`FINJAN, INC.
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`IN THE UNITED STATES DISTRICT COURT
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`FINJAN, INC.,
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`v.
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`QUALYS, INC.,
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`Plaintiff,
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`Defendant.
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`Case No.: 4:18-cv-07229-YGR
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`PLAINTIFF FINJAN, INC.’S INITIAL
`DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`AND DOCUMENT PRODUCTION
`PURSUANT TO PATENT LOCAL RULES
`3-1 AND 3-2
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`____________________________________________________________________________________
`FINJAN’S ASSERTED CLAIMS & INFRINGEMENT
`CASE NO. 4:18-cv-07229-YGR
`CONTENTIONS PURSUANT TO PATENT L.R. 3-1 AND 3-2
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`Case 4:18-cv-07229-YGR Document 80-4 Filed 07/22/20 Page 3 of 6
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`such Accused Instrumentalities or other products and services. Finjan further reserves the right to rely
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`upon the opinions of one or more experts in support of its infringement contentions in accordance with
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`the Court’s scheduling order.
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`D.
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`Identification Of Direct Infringement Underlying Allegations Of Indirect
`Infringement And Description Of Acts Of Indirect Infringement.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(d):
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`Defendant induced infringement of claims 1-9, 11, 22 and 23 of the ‘844 Patent pursuant to 35
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`U.S.C. § 271(b), by taking active steps to cause infringement of claims 1-9, 11, 22, and 23 of the ‘844
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`Patent, both with the knowledge of the ‘844 Patent and the specific intent to cause, instruct, direct or
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`require third parties, including its customers, subscribers, users and developers, to use the Accused
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`Instrumentalities of the ‘844 Patent in a manner that infringes claim 1-9, 11, 22, and 23 of the ‘844
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`Patent. Such steps include, but are not limited to, advising third parties to use the Accused
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`Instrumentalities of the ‘844 Patent in an infringing manner through product manuals and other product
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`documentation; providing a mechanism through which third parties may infringe the patent,
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`specifically through the use of the Accused Instrumentalities of the ‘844 Patent; requiring third parties
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`to agree to its terms and conditions; advertising and promoting the use of the Accused Instrumentalities
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`of the ‘844 Patent in an infringing manner; and distributing guidelines and instructions to third parties
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`on how to use the Accused Instrumentalities of the ‘844 Patent in an infringing manner. The materials
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`referenced in the Appendix are materials provided to third parties to use the Accused Instrumentalities
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`of the ‘844 Patent in a manner that infringes the claims identified above. As further proof of
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`Defendant’s inducement of infringement, Finjan identifies the evidence identified in the Complaint.
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`See, e.g., Dkt. Nos. 1-8; 1-9; 1-10; 1-11; 1-12; 1-13; 1-14; 1-15.
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`Defendant induces infringement of claims 13-15 of the ‘305 Patent pursuant to 35 U.S.C. §
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`271(b), by taking active steps to cause infringement of claims 13-15 of the ‘305 Patent, both with the
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`knowledge of the ‘305 Patent and the specific intent to cause, instruct, direct or require third parties,
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`including its customers, subscribers, users and developers, to use the Accused Instrumentalities of the
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`‘305 Patent in a manner that infringes claims 13-15 of the ‘305 Patent. Such steps include, but are not
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`6
`FINJAN’S ASSERTED CLAIMS & INFRINGEMENT
`CONTENTIONS PURSUANT TO PATENT L.R. 3-1 AND 3-2
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`CASE NO. 4:18-cv-07229-YGR
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`Case 4:18-cv-07229-YGR Document 80-4 Filed 07/22/20 Page 4 of 6
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`limited to, advising third parties to use the Accused Instrumentalities of the ‘305 Patent in an
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`infringing manner through product manuals and other product documentation; providing a mechanism
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`through which third parties may infringe the patent, specifically through the use of the Accused
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`Instrumentalities of the ‘305 Patent; requiring third parties to agree to its terms and conditions;
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`advertising and promoting the use of the Accused Instrumentalities of the ‘305 Patent in an infringing
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`manner; and distributing guidelines and instructions to third parties on how to use the Accused
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`Instrumentalities of the ‘305 Patent in an infringing manner. The materials referenced in the Appendix
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`are materials provided to third parties to use the Accused Instrumentalities of the ‘305 Patent in a
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`manner that infringes the claims identified above. As further proof of Defendant’s inducement of
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`infringement, Finjan identifies the evidence identified in the Complaint. See, e.g., Dkt. Nos. 1-8; 1-9;
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`1-10; 1-11; 1-12; 1-13; 1-14; 1-15.
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`Defendant induces infringement of claims 1, 3-8, and 23 of the ‘408 Patent pursuant to 35
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`U.S.C. § 271(b), by taking active steps to cause infringement of claims 1, 3-8, and 23 of the ‘408
`
`Patent, both with the knowledge of the ‘408 Patent and the specific intent to cause, instruct, direct or
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`require third parties, including its customers, subscribers, users and developers, to use the Accused
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`Instrumentalities of the ‘408 Patent in a manner that infringes claims 1, 3-8, and 23 of the ‘408 Patent.
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`Such steps include, but are not limited to, advising third parties to use the Accused Instrumentalities of
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`the ‘408 Patent in an infringing manner through product manuals and other product documentation;
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`providing a mechanism through which third parties may infringe the patent, specifically through the
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`use of the Accused Instrumentalities of the ‘408 Patent; requiring third parties to agree to its terms and
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`conditions; advertising and promoting the use of the Accused Instrumentalities of the ‘408 Patent in an
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`infringing manner; and distributing guidelines and instructions to third parties on how to use the
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`Accused Instrumentalities of the ‘408 Patent in an infringing manner. The materials referenced in the
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`Appendix are materials provided to third parties to use the Accused Instrumentalities of the ‘408 Patent
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`in a manner that infringes the claims identified above. As further proof of Defendant’s inducement of
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`infringement, Finjan identifies the evidence identified in the Complaint. See, e.g., Dkt. Nos. 1-8; 1-9;
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`1-10; 1-11; 1-12; 1-13; 1-14; 1-15.
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`7
`FINJAN’S ASSERTED CLAIMS & INFRINGEMENT
`CONTENTIONS PURSUANT TO PATENT L.R. 3-1 AND 3-2
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`CASE NO. 4:18-cv-07229-YGR
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`Case 4:18-cv-07229-YGR Document 80-4 Filed 07/22/20 Page 5 of 6
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`Defendant induces infringement of claims 13-15 and 26 of the ‘968 Patent pursuant to 35
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`U.S.C. § 271(b), by taking active steps to cause infringement of claims 13-15 and 26 of the ‘968
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`Patent, both with the knowledge of the ‘968 Patent and the specific intent to cause, instruct, direct or
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`require third parties, including its customers, subscribers, users and developers, to use the Accused
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`Instrumentalities of the ‘968 Patent in a manner that infringes claims 13-15 and 26 of the ‘968 Patent.
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`Such steps include, but are not limited to, advising third parties to use the Accused Instrumentalities of
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`the ‘968 Patent in an infringing manner through product manuals and other product documentation;
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`providing a mechanism through which third parties may infringe the patent, specifically through the
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`use of the Accused Instrumentalities of the ‘968 Patent; requiring third parties to agree to its terms and
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`conditions; advertising and promoting the use of the Accused Instrumentalities of the ‘968 Patent in an
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`infringing manner; and distributing guidelines and instructions to third parties on how to use the
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`Accused Instrumentalities of the ‘968 Patent in an infringing manner. The materials referenced in the
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`Appendix are materials provided to third parties to use the Accused Instrumentalities of the ‘968 Patent
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`in a manner that infringes the claims identified above. As further proof of Defendant’s inducement of
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`infringement, Finjan identifies the evidence identified in the Complaint. See, e.g., Dkt. Nos. 1-8; 1-9;
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`1-10; 1-11; 1-12; 1-13; 1-14; 1-15.
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`Defendant induces infringement of claims 14 and 15 of the ‘731 Patent pursuant to 35 U.S.C. §
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`271(b), by taking active steps to cause infringement of claims 14 and 15 of the ‘731 Patent, both with
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`the knowledge of the ‘731 Patent and the specific intent to cause, instruct, direct or require third
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`parties, including its customers, subscribers, users and developers, to use the Accused Instrumentalities
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`of the ‘731 Patent in a manner that infringes claims 14 and 15 of the ‘731 Patent. Such steps include,
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`but are not limited to, advising third parties to use the Accused Instrumentalities of the ‘731 Patent in
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`an infringing manner through product manuals and other product documentation; providing a
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`mechanism through which third parties may infringe the patent, specifically through the use of the
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`Accused Instrumentalities of the ‘731 Patent; requiring third parties to agree to its terms and
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`conditions; advertising and promoting the use of the Accused Instrumentalities of the ‘731 Patent in an
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`infringing manner; and distributing guidelines and instructions to third parties on how to use the
`8
`FINJAN’S ASSERTED CLAIMS & INFRINGEMENT
`CONTENTIONS PURSUANT TO PATENT L.R. 3-1 AND 3-2
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`CASE NO. 4:18-cv-07229-YGR
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`Case 4:18-cv-07229-YGR Document 80-4 Filed 07/22/20 Page 6 of 6
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`Accused Instrumentalities of the ‘731 Patent in an infringing manner. The materials referenced in the
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`Appendix are materials provided to third parties to use the Accused Instrumentalities of the ‘731 Patent
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`in a manner that infringes the claims identified above. As further proof of Defendant’s inducement of
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`infringement, Finjan identifies the evidence identified in the Complaint. See, e.g., Dkt. Nos. 1-8; 1-9;
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`1-10; 1-11; 1-12; 1-13; 1-14; 1-15.
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`The above identification is based on the information publicly available to Finjan as of the date
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`hereof. Finjan reserves the right to amend, modify, supplement, or narrow these contentions, as
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`appropriate, pursuant to Patent Local Rule 3-6, including providing additional manners of
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`infringement, as it obtains additional information over the course of discovery and in light of the
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`Court’s claim construction order.
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`E.
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`Identification Of Elements Present Literally And Present Under The Doctrine Of
`Equivalents.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(e):
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`The Accused Instrumentalities literally meet each Asserted Claim. In addition, as detailed in
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`the Appendices, Finjan asserts that the Accused Instrumentalities also infringe under the doctrine of
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`equivalents for the Asserted Claims. In the Appendices, Finjan provides an analysis of an application
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`of the Doctrine of Equivalents to various claim elements. Should Defendant contend that any element
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`or limitation of the Asserted Claims is absent in an Accused Instrumentality, Finjan reserves the right
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`to demonstrate that the allegedly missing element or limitation is present in the Accused
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`Instrumentality under the doctrine of equivalents. Finjan further reserves the right to rely upon the
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`opinions of one or more experts in support of its infringement contentions in accordance with the
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`Court’s scheduling order.
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`The above identification is based on the information publicly available to Finjan as of date
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`hereof. Finjan reserves the right to amend, modify, supplement, or narrow these contentions, as
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`appropriate, pursuant to Patent Local Rule 3-6, including providing additional bases of infringement,
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`and applying the doctrine of equivalents to additional claim elements, as it obtains additional
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`information over the course of discovery and in light of the Court’s claim construction order.
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`FINJAN’S ASSERTED CLAIMS & INFRINGEMENT
`CONTENTIONS PURSUANT TO PATENT L.R. 3-1 AND 3-2
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