Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 1 of 10
`Case 4:18-cv-07229—YGR Document 80-5 Filed 07/22/20 Page 1 of 10
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`QUALYS EXHIBIT F
`QUALYS EXHIBIT F
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 2 of 10
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`PAUL ANDRE (SBN 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (SBN 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (SBN 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.
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
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`Case No.: 4:18-cv-07229-YGR
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`FINJAN, INC.’S FIRST SET OF
`INTERROGATORIES TO DEFENDANT
`QUALYS INC. (NOS. 1-6)
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`FINJAN, INC.,
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`Plaintiff,
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`v.
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`QUALYS INC.,
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`Defendant.
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`FINJAN’S FIRST SET OF INTERROGATORIES
`TO DEFENDANT QUALYS (NOS. 1-6)
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 3 of 10
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`Plaintiff Finjan, Inc. (“Finjan”), by counsel, and pursuant to Federal Rules of Civil Procedure
`26 and 33, hereby requests that Defendant Qualys Inc. (“Qualys” or “Defendant”) provide verified
`answers to the following interrogatories separately, fully, and under oath within thirty (30) days of the
`date of service of these interrogatories in accordance with the following Definitions and Instructions.
`These interrogatories impose a continuing duty upon Defendant to promptly supplement in accordance
`with Federal Rule of Civil Procedure 26(e) and the Local Rules of the Northern District of California
`as Defendant becomes aware of, generates, or acquires additional knowledge or information responsive
`to these interrogatories.
`
`DEFINITIONS
`1.
`The terms “You,” “Your,” and “Defendant” shall mean Qualys, Your present and
`former directors, officers, employees, parent organization(s), subsidiary organization(s), predecessors
`in interest, successors in interest, divisions, servants, agents, attorneys, consultants, partners,
`associates, investigators, representatives, accountants, financial advisors, distributors and any other
`person acting on Your behalf, pursuant to Your authority or subject to Your control, including any and
`all joint ventures or other legal entities of any type whatsoever in which You own or owned any
`interest, receive or received any payments, and/or participate or now participates in any manner.
`2.
`The term “Finjan” shall mean Finjan, its present and former directors, officers,
`employees, parent organization(s), subsidiary organization(s), predecessors in interest, successors in
`interest, divisions, servants, agents, attorneys, consultants, partners, associates, investigators,
`representatives, accountants, financial advisors, distributors and any other person acting on its behalf,
`pursuant to its authority or subject to its control.
`3.
`The term “third party” shall mean any person or entity other than Finjan or Defendant.
`4.
`The term “Complaint” shall refer to Finjan’s Complaint for Patent Infringement in this
`case, filed on November 29, 2018 at Dkt. No. 1, and any subsequently filed amended complaints.
`5.
`The term “Asserted Patents” shall mean U.S. Patent Nos.: 6,154,844 (“the ‘844
`Patent”), 8,677,494 (“the ‘494 Patent”), 7,975,305 (“the ‘305 Patent”), 8,225,408 (“the ‘408 Patent”),
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 4 of 10
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`6,965,968 (“the ‘968 Patent”), 7,418,731 (“the ‘731 Patent”), and 8,141,154 (“the ‘154 Patent”),
`collectively.
`6.
`The term “Accused Instrumentalities” shall include the following Qualys products and
`services: Vulnerability Management, Threat Protection, Continuous Monitoring, Indicators of
`Compromise, Container Security, Web App Firewall, Web App Scanning, and Compliance
`Monitoring, including Qualys Cloud Platform products, as described in Finjan’s Complaint inter alia at
`paragraphs 34-54 and Exhibits 8-22. The term “Accused Instrumentalities” shall also include any and
`all previous or currently contemplated versions, revisions, releases, or continuations of said Qualys
`products and services, and all additional products accused of infringement by Finjan in this action in
`infringement contentions or similar pleadings.
`7.
`The term “prior art” shall refer to all publications, patents, physical devices, prototypes,
`products, manufactures, uses, sales, offers for sale, imports, or other activities concerning the subject
`matter of the Asserted Patents and existing on or occurring at a date such as to be relevant under any
`subdivision of 35 U.S.C. §§ 102 or 103.
`8.
`The term “person” or “entity” shall refer to any individual, corporation, proprietorship,
`association, joint venture, company, partnership, or other business or legal entity, including
`governmental bodies and agencies. The masculine includes the feminine and vice versa; the singular
`includes the plural and vice versa.
`9.
`The term “document(s)” shall have the broadest meaning ascribed to it by Federal Rule
`of Civil Procedure 34 and Federal Rule of Evidence 1001, and shall include within its meaning any and
`all papers, videotapes or video recordings, photographs, films, recordings, memoranda, books, records,
`accounts, letters, telegrams, correspondence, notes of meetings, notes of conversations, notes of
`telephone calls, inter-office memoranda or written communications of any nature, recordings of
`conversations either in writing or by means of any mechanical or electrical recording device, notes,
`papers, reports, analyses, invoices, canceled checks or check stubs, receipts, minutes of meetings, time
`sheets, diaries, desk calendars, ledgers, schedules, licenses, financial statements, telephone bills, logs,
`and any differing versions of the foregoing whether denominated formal, informal, or otherwise, as
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 5 of 10
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`well as copies of the foregoing which differ in any way, including handwritten notations or other
`written or printed matter of any nature, from the original. The foregoing specifically includes the
`information stored in any form, including electronic form, on a computer or in a computer database or
`otherwise, including electronic mail. Moreover, the term “document” shall also include all “technical
`documents,” such as source code, specifications, schematics, flow charts, artwork, drawings, pictures,
`pictorial representations, formulas, troubleshooting guides, service bulletins, technical bulletins,
`production specification sheets, white papers, operator manuals, operation manuals, and instruction
`manuals.
`10.
`The term “communication” shall mean, including its usual and customary meaning, any
`transmission, conveyance or exchange of a word, statement, fact, thing, idea, document, instruction,
`information, demand, or question by any medium, whether by written, oral, or other means, including,
`but not limited to, electronic communications and electronic mail.
`11.
`The term “thing” shall mean any tangible object, other than a document.
`12.
`The terms “relate to,” “reflecting,” “relating to,” “concerning,” or any variations
`thereof, shall mean relating to, referring to, concerning, mentioning, reflecting, regarding, pertaining
`to, evidencing, involving, describing, discussing, commenting on, embodying, responding to,
`supporting, contradicting, or constituting (in whole or in part), or are between (as in the context of
`communications), as the context makes appropriate.
`13.
`The term “including” shall mean including but not by way of limitation.
`14.
`The words “and” and “or” shall be construed conjunctively or disjunctively in a manner
`making the request inclusive rather than exclusive.
`15.
`The term “any” shall mean “any and all” and the term “all” shall mean “any and all.”
`16.
`The singular of any word or phrase shall include the plural of such word or phrase, and
`the plural of any word or phrase shall include the singular of such word or phrase.
`INSTRUCTIONS
`1.
`In answering the following requests, please furnish all available information including
`information in the possession, custody, or control of any of Defendant’s attorneys, directors, officers,
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 6 of 10
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`b.
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`agents, employees, representatives, associates, investigators, divisions, affiliates, partnerships, parents,
`subsidiaries, and persons under Defendant’s control who have the best knowledge, not merely
`information known to Defendant based on Defendant’s own personal knowledge. If You cannot fully
`respond to the following requests after exercising due diligence to secure the information requested
`thereby, so state, and specify the portion of each request that cannot be responded to fully and
`completely. In the latter event, state what efforts were made to obtain the requested information and
`the facts relied upon that support the contention that the request cannot be answered fully and
`completely, and state what knowledge, information, or belief Defendant has concerning the
`unanswered portion of any such request.
`2.
`All documents must be produced in accordance with the requirements of Federal Rule
`of Civil Procedure 34(b) and per the following instructions:
`a.
`Electronic records and computerized information shall be produced in an
`intelligible format, together with a description of the system from which they
`were derived sufficient to permit rendering the records and information
`intelligible;
`Selection of documents from the files and other sources and the numbering of
`such documents shall be performed in such a manner as to ensure that the source
`of each document can be determined;
`File folders with tabs or labels or directories of files identifying documents shall
`be produced intact with such documents;
`Documents attached to each other shall not be separated. All documents that
`respond, in whole or in part, to any portion of any request shall be produced in
`their entirety, including all addenda, appendices, attachments and enclosures.
`3.
`If any information requested is claimed to be privileged or otherwise, provide all
`information falling within the scope of the request that is not privileged, and for each item of
`information contained in a document to which a claim of privilege is made, identify such document
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`c.
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`d.
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 7 of 10
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`with sufficient particularity for purposes of a motion to compel, such identification to include at least
`the following:
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`a.
`b.
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`c.
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`the basis on which the privilege is claimed;
`the names and positions of the author of the document and all other persons
`participating in the preparation of the document;
`the name and position of each individual or other person to whom the document,
`or a copy thereof, was sent or otherwise disclosed;
`the date of the document;
`a description of any accompanying material transmitted with or attached to such
`document;
`the number of pages in such document;
`the particular request to which such document is responsive; and
`whether any business or non-legal matter is contained or discussed in such
`document.
`If Defendant’s response to a particular request is a statement that Defendant lacks the
`4.
`ability to comply with that request, Defendant shall specify whether the inability to comply is because
`the particular item or category of information never existed, has been destroyed, has been lost,
`misplaced, or stolen, or has never been, or is no longer in the possession, custody, or control of
`Defendant, in which case Defendant shall identify the name and address of any person or entity known
`or believed by Defendant to have possession, custody, or control of that information or category of
`information.
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`d.
`e.
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`f.
`g.
`h.
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`INTERROGATORIES
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`INTERROGATORY NO. 1:
`Describe in detail when and under what circumstances You first became aware of the existence
`of the Asserted Patents and what actions You took upon becoming aware of the Asserted Patents,
`including but not limited to, any efforts by You or any other person or entity to assess the validity,
`infringement or enforceability of the Asserted Patents or to design around or avoid infringement of the
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 8 of 10
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`Asserted Patents, the identity of all persons with knowledge of such facts and circumstances, and the
`identity of all documents reflecting such facts and circumstances.
`INTERROGATORY NO. 2:
`For each of the Accused Instrumentalities, identify all releases or versions that are or have been
`made, used, offered for sale, sold in the United States, or imported into the United States by You or on
`Your behalf from the year 2013 to the present.
`INTERROGATORY NO. 3:
`Describe in detail the revenue, sales, billings, pricing, costs, gross profits, net profits, and
`market share of each of the Accused Instrumentalities from the year 2013 to the present generated (a)
`in the United States and separately, (b) worldwide, including but not limited to identifying on a
`monthly, quarterly, and annual basis the gross and net revenues and gross and net profits generated by
`each of the Accused Instrumentalities, as well as the costs and expenses incurred by You in generating
`such revenue and profits.
`INTERROGATORY NO. 4:
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`For the source code that You produced or made available for inspection or will produce and
`make available for inspection, identify the Accused Instrumentalities that correspond to the source
`code including the name and version number of each Accused Instrumentalities, the directories and
`subdirectories of the source code corresponding to the active source code incorporated into each of the
`Accused Instrumentalities, the last date the source code was modified for each of the products, which
`portion, if any, of the source code You contend is not active in the Accused Instrumentalities, and
`which portion, if any, of the source code You contend is prior art to the Asserted Patents.
`INTERROGATORY NO. 5:
`Describe in detail the geographic location(s) where the Accused Instrumentalities and their
`components were and are developed, tested, manufactured, used and updated since the date
`development began through the present, including the name(s) and address(es) of the location(s), the
`name(s) of the entity or entities involved in such activities, and if different components are developed,
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`tested, manufactured or updated in different locations, identify which components are developed,
`tested, manufactured or updated at each location and by whom.
`INTERROGATORY NO. 6:
`Since the date of first sale, identify the amount of both actual and forecasted sales of each
`model, version, or release of each of the Accused Instrumentalities, including by the following: (1)
`gross and net revenues, (2) gross and net profits, (3) research and development costs, (4) other
`costs/expenses, (5) sales prices, (6) number of units, (7) number of users, and (8) amount of foregoing
`that You contend are subject to 28 U.S.C. § 1498, and describe in detail how the foregoing (1-8) was
`calculated, including identification of persons, electronic databases, and documents who are
`knowledgeable or contain information regarding the foregoing.
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`Dated: March 1, 2019
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`
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`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
`
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`Case 4:18-cv-07229-YGR Document 80-5 Filed 07/22/20 Page 10 of 10
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`PROOF OF SERVICE
`I, Sean Robertson, am employed in the Menlo Park, California office of Kramer Levin Naftalis
`& Frankel LLP. I am over the age of 18 and not a party to the within action. My business address is
`990 Marsh Road, Menlo Park, California 94025. I am readily familiar with the firm’s practice of
`collecting and processing of mail for mailing with the U.S. Postal Service and overnight delivery
`services.
`On March 1, 2019, I caused the following document(s) to be served:
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`FINJAN, INC.’S FIRST SET OF INTERROGATORIES TO DEFENDANT
`QUALYS, INC. (NOS. 1-6)
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`by electronic mail, addressed as follows:
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`Edward G. Poplawski
`Olivia M Kim
`Wilson Sonsini Goodrich & Rosati, P.C.
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`epoplawski@wsgr.com
`okim@wsgr.com
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`Ryan R. Smith
`Christopher Don Mays
`Wilson Sonsini Goodrich & Rosati
`650 Page Mill Road
`Palo Alto, CA 94304-1050
`rsmith@wsgr.com
`cmays@wsgr.com
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`I declare under penalty of perjury that the foregoing is true and correct. Executed on March 1,
`2019, in Menlo Park, California.
`
`
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`__________________________
` Sean Robertson
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