Case 4:18-cv-07229-YGR Document 131-1 Filed 11/05/20 Page 1 of 5
`Case 4:18-cv-07229—YGR Document 131-1 Filed 11/05/20 Page 1 of 5
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`

`

`Case 4:18-cv-07229-YGR Document 131-1 Filed 11/05/20 Page 2 of 5
`
`
`
`EDWARD G. POPLAWSKI (SBN 113590)
`epoplawski@wsgr.com
`OLIVIA M. KIM (SBN 228382)
`okim@wsgr.com
`WILSON SONSINI GOODRICH & ROSATI
`Professional Corporation
`633 West Fifth Street, Suite 1550
`Los Angeles, CA 90071
`Telephone: (323) 210-2901
`Facsimile: (866) 974-7329
`
`RYAN R. SMITH (SBN 229323)
`rsmith@wsgr.com
`CHRISTOPHER D. MAYS (SBN 266510)
`cmays@wsgr.com
`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
`
`
`FINJAN, INC., a Delaware Corporation,
`
`
`Plaintiff,
`
`
`QUALYS INC., a Delaware Corporation,
`
`
`Defendant.
`
`
`
`v.
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`CASE NO.: 4:18-cv-07229-YGR
`
`DEFENDANT QUALYS INC.’S
`FIRST SUPPLEMENTAL
`OBJECTIONS AND RESPONSES
`TO FINJAN, INC.’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
`
`
`
`CASE NO. 4:18-cv-07229-YGR
`
`
`
`
`
`QUALYS’S SUPPLEMENTAL RESPONSES TO
`FINJAN’S FIRST SET OF INTERROGATORIES
`(NOS. 1-6)
`
`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 131-1 Filed 11/05/20 Page 3 of 5
`
`
`
`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.
`RESPONSE TO INTERROGATORY NO. 2:
`In addition to the foregoing general objections, which are expressly incorporated herein,
`Qualys objects to this Interrogatory on the ground and to the extent that it: (1) prematurely
`requests information prior to Finjan identifying accused instrumentalities and specific
`functionality within accused instrumentalities in its Infringement Contentions pursuant to Patent
`L.R. 3-1; (2) is overbroad and unduly burdensome; and (3) is vague and ambiguous at least with
`respect to the phrase “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.”
`Subject to and without waiver of the foregoing general and specific objections, Qualys
`responds as follows: Qualys’s investigation is ongoing. Qualys will supplement its response as
`necessary and appropriate after Finjan serves its Infringement Contentions and as information
`becomes available.
`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 2:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further states that all versions of its code base (since at least 2013 to the present) for every Accused
`Product has been made available to Finjan for inspection. The answer to this interrogatory can be
`obtained through such an inspection.
`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
`
`CASE NO. 4:18-cv-07229-YGR
`
`-6-
`
`
`
`QUALYS’S SUPPLEMENTAL RESPONSES TO
`FINJAN’S FIRST SET OF INTERROGATORIES
`(NOS. 1-6)
`
`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 131-1 Filed 11/05/20 Page 4 of 5
`
`
`
`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.
`RESPONSE TO INTERROGATORY NO. 4:
`In addition to the foregoing general objections, which are expressly incorporated herein,
`Qualys objects to this interrogatory on the ground and to the extent that it: (1) prematurely requests
`information prior to Finjan identifying accused instrumentalities and specific functionality within
`accused instrumentalities in its Infringement Contentions pursuant to Patent L.R. 3-1; (2) is vague
`and ambiguous at least with respect to the phrases “active source code incorporated into each of the
`Accused Instrumentalities” and “not active in the Accused Instrumentalities”; (3) is compound in
`that it contains multiple, discrete subparts, at least two of which are related to source code
`information and invalidity contentions; (4) prematurely requests information subject to expert
`testimony; (5) prematurely requests information related to Qualys’s invalidity contentions pursuant
`to Patent L.R. 2-5(c) and 3-3; and (6) seeks information protected from disclosure by the attorney-
`client privilege, the work product doctrine, common interest (joint defense) privilege, or any other
`applicable privilege, immunity, or protection.
`Subject to and without waiver of the foregoing general and specific objections, Qualys
`responds as follows: Qualys’s investigation is ongoing. Qualys will supplement its response as
`necessary and appropriate after Finjan serves its Infringement Contentions and as information
`becomes available.
`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 4:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further states that Finjan’s infringement contentions fail to identify features of the accused products
`that Finjan contends practice each of the limitations of the claims. However, Qualys has made the
`source code for each accused product available to Finjan for inspection as that code is kept in the
`ordinary course of business. The answer to this interrogatory may be obtained through such an
`inspection.
`
`CASE NO. 4:18-cv-07229-YGR
`
`-8-
`
`
`
`QUALYS’S SUPPLEMENTAL RESPONSES TO
`FINJAN’S FIRST SET OF INTERROGATORIES
`(NOS. 1-6)
`
`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 131-1 Filed 11/05/20 Page 5 of 5
`
`CERTIFICATE OF SERVICE
`I, Robin Pezzimenti, am employed in the Palo Alto, California office of Wilson Sonsini
`Goodrich & Rosati, P.C. I am over the age of 18 and not a party to the within action. My business
`address is 650 Page Mill Road, Palo Alto, California 94304-1050.
`On December 10, 2019, I caused the following document to be served:
` DEFENDANT QUALYS INC.’S FIRST SUPPLEMENTAL OBJECTIONS AND
`RESPONSES TO FINJAN, INC.’S FIRST SET OF INTERROGATORIES (NOS. 1-
`6)
`
`via e-mail on the following individuals:
` Paul Andre (pandre@kramerlevin.com );
` Lisa Kobialka (lkobialka@kramerlevin.com ); and
`James Hannah (jhannah@kramerlevin.com).
`
`
`
`I declare under penalty of perjury under the laws of the State of California and the United
`States that each of the above statements is true and correct.
`Executed on December 10, 2019, at Palo Alto, California.
`
`By:
`
`/s/ Robin Pezzimenti
`Robin Pezzimenti
`
`
`1 1
`
`2 2
`
`3 3
`
`4 4
`
`5 5
`
`6 6
`
`7 7
`
`8 8
`
`9 9
`
`10 10
`
`11 11
`
`12 12
`
`13 13
`
`14 14
`
`15 15
`
`16 16
`
`17 17
`
`18 18
`
`19 19
`
`20 20
`
`21 21
`
`22 22
`
`23 23
`
`24 24
`
`25 25
`
`26 26
`
`27 27
`
`28 28
`
`CERTIFICATE OF SERVICE
`CASE NO.:4:18-CV-07229-YGR
`
`