Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 1 of 18
`Case 4:18-cv-07229—YGR Document 144-2 Filed 11/20/20 Page 1 of 18
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`EXHIBIT 2
`EXHIBIT 2
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`

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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 2 of 18
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`CONFIDENTIAL
`
`EDWARD G. POPLAWSKI (SBN 113590)
`epoplawski@wsgr.com
`OLIVIA M. KIM (SBN 228382)
`okim@wsgr.com
`TALIN GORDNIA (SBN 274213)
`tgordnia@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)
`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
`
`CASE NO.: 4:18-cv-07229-YGR
`
`DEFENDANT QUALYS INC.’S
`FOURTH SUPPLEMENTAL
`OBJECTIONS AND RESPONSES
`TO FINJAN, INC.’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
`CONFIDENTIAL
`
`))))))))))))
`
`FINJAN, INC., a Delaware Corporation,
`
`Plaintiff,
`
`v.
`
`QUALYS INC., a Delaware Corporation,
`
`Defendant.
`
`CASE NO. 4:18-cv-07229-YGR
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 3 of 18
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`CONFIDENTIAL
`
`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure and the Local Rules of
`the United States District Court for the Northern District of California, Defendant Qualys Inc.
`(“Qualys”) hereby supplements its responses and objections to Plaintiff Finjan, Inc.’s First Set of
`Interrogatories to Qualys (Nos. 1-6).
`
`PRELIMINARY STATEMENT
`
`The following responses are made solely for the purpose of, and in relation to, this action.
`Each response is provided subject to all appropriate objections (including, without limitation,
`objections concerning competency, relevancy, materiality, propriety, and admissibility) that would
`require the exclusion of any statement contained herein if the statement were made by a witness
`present and testifying in court. All such objections and grounds are therefore reserved and may be
`interposed at the time of trial.
`The following responses are based on the facts and information presently known and
`available to Qualys. Discovery, investigation, research, and analysis are ongoing in this case and
`may disclose the existence of additional facts, add meaning to known facts, establish entirely new
`factual conclusions or legal contentions, or possibly lead to additions, variations, and changes to
`these responses. Qualys reserves the right to change or supplement these responses as additional
`facts are discovered, revealed, recalled, or otherwise ascertained.
`
`GENERAL OBJECTIONS
`
`In addition to any specifically stated objections, each of Qualys’s responses herein is subject
`to and incorporates the following general objections:
`1.
`Qualys objects to each interrogatory and each definition to the extent it purports to
`impose obligations greater or more extensive than those required by the Federal Rules of Civil
`Procedure, the Local Rules of the United States District Court for the Northern District of California,
`or other applicable law.
`2.
`Qualys objects to each interrogatory and definition to the extent it purports to request
`information that cannot be found in the course of a reasonable search.
`
`CASE NO. 4:18-cv-07229-YGR
`
`-1-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
`

`

`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 4 of 18
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`CONFIDENTIAL
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`Qualys’s partial response to any interrogatory is not a waiver of its objection or right
`3.
`to object to the interrogatory, or any part thereof, or to any additional, supplemental, or further
`interrogatory or part thereof, but is instead offered in an effort to resolve a potential discovery
`dispute.
`Qualys objects to each interrogatory to the extent it seeks information that is neither
`4.
`relevant to any party’s claim or defense nor proportional to the needs of the case.
`5.
`Qualys objects to each interrogatory to the extent it is unreasonably cumulative or
`duplicative of other discovery requests, or seeks information that is obtainable from some other
`source that is more convenient, less burdensome, or less expensive.
`6.
`Qualys objects to each interrogatory to the extent it is overly broad, fails to
`reasonably identify the information sought, is unduly burdensome, and is posed for improper
`purposes, including, without limitation, embarrassment, undue annoyance, harassment, oppression,
`delay, or to increase the expense of litigation or to the extent it calls for a legal conclusion or opinion.
`7.
`Qualys objects to each interrogatory to the extent it seeks information for which the
`burden or expense of obtaining and disclosing outweighs its likely benefit in resolving the issues of
`this action.
`Qualys objects to each interrogatory to the extent it fails to describe with reasonable
`8.
`particularity the information requested.
`9.
`To the extent that any interrogatory may be construed as calling for information
`which is subject to a claim of privilege, including, without limitation, the attorney-client privilege
`and attorney work-product doctrine, Qualys hereby claims such privilege and objects to the
`disclosure of the information. Such information as may hereafter be provided in response to the
`interrogatory should not include any information subject to such privileges and doctrines, but the
`inadvertent disclosure of privileged information shall not constitute a waiver of any applicable
`privilege.
`Qualys objects to each interrogatory to the extent it is vague or ambiguous.
`10.
`Qualys objects to each interrogatory to the extent it seeks confidential, commercially
`11.
`sensitive, trade secret, and/or proprietary information of a non-party or information covered by a
`
`CASE NO. 4:18-cv-07229-YGR
`
`-2-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 5 of 18
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`CONFIDENTIAL
`
`confidentiality agreement, or information that is otherwise protected from disclosure pursuant to
`Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure or Rule 501 of the Federal Rules of
`Evidence. Qualys will not produce such information unless the non-party agrees to the terms of the
`protective order entered in this case or consents in writing to the disclosure of that information to
`Finjan.
`Qualys objects each interrogatory to the extent it seeks information that is not in
`12.
`Qualys’s possession, custody, or control.
`13.
`Qualys objects to any interrogatory that seeks information, documents, or things
`subject to confidentiality agreements, protective orders, and/or any other obligation pursuant to
`which Qualys is required to protect and/or maintain the confidentiality of any third party’s
`documents. Should an interrogatory call for such information, documents, or things, Qualys will
`act reasonably to obtain the consent of the third party to produce the information.
`14.
`Qualys objects generally to the interrogatories to the extent that they prematurely call
`for discovery concerning, among other things, Qualys products, downstream products, and facts and
`contentions relating to claim construction, non-infringement, invalidity, and other claims and
`defenses pursuant to Patent Local Rule 2-5.
`
`OBJECTIONS TO DEFINITIONS
`
`Qualys objects to Finjan’s definition of “You,” “Your,” and “Defendant” as overly
`1.
`broad and unduly burdensome. For purposes of these interrogatories, reference to “You,” “Your,”
`and “Defendant” shall refer to Defendant Qualys Inc. only.
`2.
`Qualys objects to Finjan’s definition of “Finjan” as overly broad and unduly
`burdensome. For purposes of these interrogatories, reference to “Finjan” shall refer to Plaintiff
`Finjan, Inc. only.
`3.
`Qualys objects to Finjan’s definition of “Accused Instrumentalities” as overly broad
`and unduly burdensome. For purposes of these interrogatories, reference to the “Accused
`Instrumentalities” shall refer to the Qualys products and services that Finjan has specifically
`identified in its Complaint.
`
`CASE NO. 4:18-cv-07229-YGR
`
`-3-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 6 of 18
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`CONFIDENTIAL
`
`Qualys objects to the definition of “relate to,” “reflecting,” “relating to,”
`4.
`“concerning,” and “any variations thereof” and all requests incorporating these terms, as overly
`broad, vague, ambiguous, unintelligible, requiring subjective judgment on the part of Qualys and/or
`its attorneys, and calling for conclusions or opinions of counsel in violation of the attorney work
`product doctrine.
`the definitions of “person,” “entity,” “document(s),”
`to
`5.
`Qualys objects
`“communication,” and “thing” to the extent they call for information that exceeds the scope
`contemplated by the Federal Rules of Civil Procedure and the Local Rules of the United States
`District Court for the Northern District of California, or other applicable law.
`
`OBJECTIONS TO INSTRUCTIONS
`
`Qualys objects to the instructions accompanying Finjan’s interrogatories to the extent
`1.
`that such instructions are not consistent with the provisions of the Federal Rules of Civil Procedure,
`Local Rules of the United States District Court for the Northern District of California, or other
`applicable law, or to the extent that the instructions purport to require Qualys to take actions or
`provide information not required or which exceed the scope of the Federal Rules of Civil Procedure,
`Local Rules of the United States District Court for the Northern District of California, or other
`applicable law.
`
`SPECIFIC OBJECTIONS AND RESPONSES TO INTERROGATORIES
`
`Each of Qualys’s prior responses to Interrogatory Nos. 1-6 are hereby supplemented to
`include the testimony of Qualys’s witnesses pursuant to Fed. R. Civ. P. 30(b)(6).
`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 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.
`
`CASE NO. 4:18-cv-07229-YGR
`
`-4-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
`

`

`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 7 of 18
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`CONFIDENTIAL
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`RESPONSE TO INTERROGATORY NO. 1:
`In addition to the foregoing general objections, which are expressly incorporated herein,
`Qualys objects to this interrogatory on the grounds and to the extent that it: (1) 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; (2) is
`compound in that it contains multiple, discrete subparts (describe first awareness of the existence of
`the Asserted Patents; actions You took upon becoming aware of the Asserted Patents; identify
`persons; and identify documents); and (3) is vague and ambiguous and overbroad and unduly
`burdensome as to at least the phrases “actions” and “efforts.”
`Subject to and without waiver of the foregoing general and specific objections, Qualys
`responds as follows: Qualys first became aware of U.S. Patent Nos. 6,154,844; 6,965,968;
`7,975,305; 8,141,154; 8,677,494 from Finjan’s November 12, 2015 letter to Qualys. Qualys first
`became aware of U.S. Patent Nos. 7,418,731 and 8,225,408 as of the date Qualys was served with
`the Complaint by Finjan on or around November 30, 2018.
`Discovery is ongoing, and Qualys reserves the right to supplement this response based on
`the results of that investigation.
`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 1:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further states that the November 12, 2015 letter to Qualys (FINJAN-QUALYS005287-295) did not
`include any particularized contentions with respect to any of the Asserted Patents. Finjan did not
`provide claim charts for each of the asserted patents. Although the letter references a claim chart
`for the ’305 Patent, multiple claims of the ’305 Patent have been finally adjudicated as invalid by
`the Federal Circuit (and any claims as-yet unadjudicated are invalid for the same or similar reasons).
`Because Finjan’s November 12, 2015, letter did not include contentions for the asserted patents,
`Qualys was not informed at that time why Finjan believed any Qualys product “read on” any claims
`of the Asserted Patents.
`Discovery is ongoing, and Qualys reserves the right to supplement this response based on
`the results of that investigation.
`
`CASE NO. 4:18-cv-07229-YGR
`
`-5-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
`

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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 8 of 18
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`CONFIDENTIAL
`
`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.
`SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 2:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further responds pursuant to Fed. R. Civ. P. 33(d) that responsive information can be determined
`at least from the following documents: QUALYS_SC_000405 - QUALYS_SC_000748;
`QUALYS_SC_000749 - QUALYS_SC_000798; QUALYS_SC_000799;
`
`CASE NO. 4:18-cv-07229-YGR
`
`-6-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
`

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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 9 of 18
`
`CONFIDENTIAL
`
`QUALYS_SC_000800; QUALYS_SC_000803 - QUALYS_SC_000821;
`QUALYS_SC_000823.
`
`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.
`RESPONSE TO INTERROGATORY NO. 3:
`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; (3) is compound in that it contains multiple, discrete subparts;
`and (4) seeks worldwide financial information that is neither relevant to claims or defenses nor
`proportional to needs of the case pursuant to Federal Rule of Civil Procedure 26(b)(1).
`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 with respect to Qualys’s United States activity after Finjan serves its
`Infringement Contentions and as information becomes available.
`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 3:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further states that Pursuant to Fed. R. Civ. P. 33(d), and to the extent any exist in Qualys’s
`possession, custody, or control, Qualys will produce documents that provide the information
`responsive to this interrogatory. For example, responsive information can be determined at least
`from
`the
`following
`documents:
`QUALYS00000984,
`QUALYS00030017-114,
`
`CASE NO. 4:18-cv-07229-YGR
`
`-7-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
`
`

`

`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 10 of 18
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`CONFIDENTIAL
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`QUALYS00030115-219, QUALYS00030220-319, QUALYS00030320-424, QUALYS00030425-
`525, QUALYS00030526-623, QUALYS00030624-631, QUALYS00030632-740,
`and
`QUALYS00030741-851.
`SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 3:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further responds Pursuant to Fed. R. Civ. P. 33(d) that responsive information can be determined at
`least from
`the following documents: QUALYS02047060, QUALYS02020535-02020640,
`QUALYS02020890,
`QUALYS02020641-02020656,
`QUALYS02020657-02020678,
`QUALYS02020679-02020701, QUALYS02020702-02020726, QUALYS02020727-02020745,
`QUALYS02020746-02020765, QUALYS02020766-02020787, QUALYS02020788-02020811,
`QUALYS02020812-02020835, QUALYS02020836-02020861, QUALYS02020862-02020889,
`QUALYS02046840-02046874, QUALYS02047061-02047068, QUALYS02047069-02047076,
`QUALYS00820223.
`INTERROGATORY NO. 4:
`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.
`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
`
`CASE NO. 4:18-cv-07229-YGR
`
`-8-
`
`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
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`

`

`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 11 of 18
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`CONFIDENTIAL
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`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.
`SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 4:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further responds pursuant to Fed. R. Civ. P. 33(d) that responsive information can be determined
`at least from the following documents: Qualys’s Invalidity Contentions served on June 21, 2019,
`which are incorporated herein by reference; Appendix A to these Supplemental Objections and
`Responses; QUALYS_SC_000405 - QUALYS_SC_000748; QUALYS_SC_000749 -
`QUALYS_SC_000798; QUALYS_SC_000799; QUALYS_SC_000800; QUALYS_SC_000803
`- QUALYS_SC_000821; QUALYS_SC_000823.
`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
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`CASE NO. 4:18-cv-07229-YGR
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`-9-
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`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 12 of 18
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`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, tested, manufactured or updated in different locations, identify which components are
`developed, tested, manufactured or updated at each location and by whom.
`RESPONSE TO INTERROGATORY NO. 5:
`In addition to the foregoing general objections, which are expressly incorporated herein,
`Qualys objects to this interrogatory on the ground 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 in that it requests information about all “entity or entities involved in such
`activities” and “which components are developed, tested, manufactured or updated at each location
`and by whom”; (3) is overly broad and unduly burdensome in that it seeks information without
`specifying a relevant and temporal scope; and (4) is compound in that it contains at least five discrete
`subparts (e.g., identify location of development/manufacture; identify location of testing; identify
`location of use; identify persons involved; and identify other components).
`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. 5:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further states that Qualys conducts its research and development in the United States, France and
`India at the following addresses:
`Qualys, Inc.
`919 E Hillsdale Blvd, 4th Floor
`Foster City, CA 94404 USA
`Qualys Technologies
`7 Place de la Défense
`92400 Courbevoie, France
`Qualys Security TechServices Pvt. Ltd.
`Plot No. 4, Survey No’s 1678 to 1683
`CASE NO. 4:18-cv-07229-YGR
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`-10-
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`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 13 of 18
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`CONFIDENTIAL
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`Ganeshkhind Rd, Narveer Tanaji Wadi, Shivajinagar
`Pune, 411005, India
`Qualys physical appliances are currently provided by SYNNEX Corporation:
`SYNNEX Corporation
`44201 Nobel Drive
`Fremont, CA 94538
`The antivirus engine used in Qualys Malware Detection is provided by Trend Micro Inc.:
`Trend Micro Incorporated
`225 East John Carpenter Freeway, Suite 1500
`Irving, Texas 75062
`Qualys’ data center operations are provided by large third-party data center vendors and are
`located in the United States, Canada, Switzerland, the Netherlands, and India.
`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.
`RESPONSE TO INTERROGATORY NO. 6:
`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 phrase “other costs/expenses”; (3) is overbroad and
`unduly burdensome with respect to the entirety of the request and in that it seeks information neither
`relevant to claims or defenses nor proportional to needs of the case in consonance with Federal Rule
`of Civil Procedure 26(b)(1); (4) is compound in that it contains at least four discrete subparts
`
`CASE NO. 4:18-cv-07229-YGR
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`-11-
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`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 14 of 18
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`(identify actual sales; identify forecasted sales; identify persons; and identify databases and
`documents); and (5) is duplicative of Interrogatory No. 3.
`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. 6:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further states that Pursuant to Fed. R. Civ. P. 33(d), and to the extent any exist in Qualys’s
`possession, custody, or control, Qualys will produce documents that provide the information
`responsive to this interrogatory. For example, responsive information can be determined at least
`from
`the
`following
`documents:
`QUALYS00000984,
`QUALYS00030017-114,
`QUALYS00030115-219, QUALYS00030220-319, QUALYS00030320-424, QUALYS00030425-
`525, QUALYS00030526-623, QUALYS00030624-631, QUALYS00030632-740,
`and
`QUALYS00030741-851.
`SECOND SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 6:
`In addition to the foregoing responses and objections, none of which are waived, Qualys
`further responds that approximately 1% of Qualys’s sales are subject to 28 U.S.C. § 1498. Qualys
`further responds that, pursuant to Fed. R. Civ. P. 33(d), responsive information can be determined
`at least from the following documents: QUALYS02047060, QUALYS02020535-02020640,
`QUALYS02020890,
`QUALYS02020641-02020656,
`QUALYS02020657-02020678,
`QUALYS02020679-02020701, QUALYS02020702-02020726, QUALYS02020727-02020745,
`QUALYS02020746-02020765, QUALYS02020766-02020787, QUALYS02020788-02020811,
`QUALYS02020812-02020835, QUALYS02020836-02020861, QUALYS02020862-02020889,
`QUALYS02046840-02046874, QUALYS02047061-02047068, QUALYS02047069-02047076,
`QUALYS00820223.
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`CASE NO. 4:18-cv-07229-YGR
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`-12-
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`QUALYS’S FOURTH SUPPLEMENTAL
`RESPONSES TO FINJAN’S FIRST SET OF
`INTERROGATORIES (NOS. 1-6)
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`Case 4:18-cv-07229-YGR Document 144-2 Filed 11/20/20 Page 15 of 18
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`DATED: October 1, 2020
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`CONFIDENTIAL
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`By:
`
`/s/ Ryan R. Smith
`RYAN R. SMITH
`
`Counsel for Defendant
`QUALYS INC.
`
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`1 1