Case 4:18-cv-07229-YGR Document 158-11 Filed 01/23/21 Page 1 of 6
`Case 4:18-cv-07229—YGR Document 158-11 Filed 01/23/21 Page 1 of 6
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`EXHIBIT 10
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`EXHIBIT 10
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`Case 4:18-cv-07229—YGR Document 158-11 Filed 01/23/21 Page 1 of 6
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`EXHIBIT 10
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`EXHIBIT 10
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`Case 4:18-cv-07229-YGR Document 158-11 Filed 01/23/21 Page 2 of 6
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`Issue and Subsection
`of Section III of the
`Motion to Strike
`
`Medvidovic
`Report Pincite
`(Ex. 1)
`
`’408 Claim
`Element(s)
`(Ex. 4)
`
`Corresponding
`Infringement
`Contentions
`Page(s) (Ex. 5)
`
`A. Qualys Cloud
`Agent
`
`A. Qualys Cloud
`Agent
`
`¶¶ 160, 170,
`183, 185, 187
`fn. 6, 195-196,
`415, 417-419
`
`¶ 214
`
`A. Qualys Cloud
`Agent
`
`¶¶ 235-238,
`427-428
`
`A. Qualys Cloud
`Agent
`
`¶ 258
`
`A. Qualys Cloud
`Agent
`
`¶¶ 287-289
`
`1b, 29b
`
`2-4, 42
`
`1c
`
`1d
`
`1e
`
`1f
`
`5
`
`6-13
`
`14
`
`15
`
`Brief Statement regarding the basis for striking the
`paragraph(s)
`
`Finjan’s infringement contentions do not disclose a
`theory of infringement whereby the Qualys Cloud
`Platform receives incoming streams of program
`code from a Cloud Agent
`
`Finjan does not disclose a theory of performing this
`step using a Cloud Agent. Finjan’s infringement
`contentions limit this to scanners.
`
`There is no theory of infringement where the
`Qualys Cloud Platform infringes by receiving data
`from a Cloud Agent. Finjan’s only theory involves
`performing this step via a scanner.
`
`There is no theory of infringement where the
`Qualys Cloud Platform infringes by receiving data
`from a Cloud Agent. Finjan’s only theory involves
`performing this step via a scanner.
`
`There is no theory of infringement where the
`Qualys Cloud Platform infringes by receiving data
`from a Cloud Agent. Finjan’s only theory involves
`performing this step via a scanner.
`
`
`
`Case 4:18-cv-07229-YGR Document 158-11 Filed 01/23/21 Page 3 of 6
`
`Issue and Subsection
`of Section III of the
`Motion to Strike
`
`Medvidovic
`Report Pincite
`(Ex. 1)
`
`’408 Claim
`Element(s)
`(Ex. 4)
`
`Corresponding
`Infringement
`Contentions
`Page(s) (Ex. 5)
`
`A. Qualys Cloud
`Agent
`
`¶¶ 303-309
`
`1g
`
`A. Qualys Cloud
`Agent
`
`¶¶ 325, 327
`
`1h
`
`16
`
`17
`
`A. Qualys Cloud
`Agent
`
`¶ 446
`
`Apportionment
`
`B. Dynamic Building
`and Detection
`Theories
`
`¶¶ 262, 282-
`286, 290, 294,
`298, 299, 301
`
`1f
`
`15
`
`Brief Statement regarding the basis for striking the
`paragraph(s)
`
`There is no theory of infringement where the
`Qualys Cloud Platform infringes by receiving data
`from a Cloud Agent. Finjan’s only theory involves
`performing this step via a scanner.
`
`There is no theory of infringement where the
`Qualys Cloud Platform infringes by receiving data
`from a Cloud Agent. Finjan’s only theory involves
`performing this step via a scanner.
`
`Finjan’s infringement contentions do not include
`theory of infringement involving Cloud Agents.
`
`include no
`infringement contentions
`Finjan’s
`theory that parse trees are built “while data is being
`received.”
`
`-2-
`
`
`
`Case 4:18-cv-07229-YGR Document 158-11 Filed 01/23/21 Page 4 of 6
`
`Issue and Subsection
`of Section III of the
`Motion to Strike
`
`Medvidovic
`Report Pincite
`(Ex. 1)
`
`’408 Claim
`Element(s)
`(Ex. 4)
`
`Corresponding
`Infringement
`Contentions
`Page(s) (Ex. 5)
`
`B. Dynamic Building
`and Detection Theories
`
`¶¶ 267-281,
`286-300
`
`1f
`
`15
`
`B. Dynamic Building
`and Detection Theories
`
`¶¶ 302-304,
`308-320
`
`1g
`
`16
`
`Brief Statement regarding the basis for striking the
`paragraph(s)
`
`The only theory Finjan asserts in its infringement
`contentions involves the generation of a parse tree
`using QualysAPI, which is a feature located on
`Qualys’s Cloud Platform. Finjan does not include
`a
`theories accusing:
`(1) Qualys’s Unified
`Dashboard and QQL (¶¶267-274); (2) the ability of
`a scanner engine to create XML (¶¶ 276-281); (3)
`the Cloud Agent (¶¶ 287-289; (4) Mandate Based
`Reports (¶ 291-292); or (5) the WAS scanner (¶¶
`293-300).
`
`include no
`infringement contentions
`Finjan’s
`theory of dynamically detecting indicators of
`potential exploits: (1) while still receiving the
`incoming stream; and (2) while still building a parse
`tree.
`
`-3-
`
`
`
`Case 4:18-cv-07229-YGR Document 158-11 Filed 01/23/21 Page 5 of 6
`
`Issue and Subsection
`of Section III of the
`Motion to Strike
`
`Medvidovic
`Report Pincite
`(Ex. 1)
`
`’408 Claim
`Element(s)
`(Ex. 4)
`
`Corresponding
`Infringement
`Contentions
`Page(s) (Ex. 5)
`
`B. Dynamic Building
`and Detection Theories
`
`¶¶ 303-309,
`311-320
`
`1g
`
`16
`
`B. Dynamic Building
`and Detection Theories
`
`¶¶ 321, 323,
`325, 327, 329,
`333, 335-337
`
`1h
`
`17-18
`
`C. Claim 29 Theories
`
`¶¶ 415-417
`
`29b
`
`42 (referring by
`reference to
`page 6)
`
`-4-
`
`Brief Statement regarding the basis for striking the
`paragraph(s)
`
`The only theory Finjan asserts in its infringement
`contentions involves use of the QualysAPI, which
`is a feature located on Qualys’s Cloud Platform.
`Finjan does not include theories accusing: (1)
`Cloud Agent functionality (¶¶ 303); (2) scanner
`engine functionality (¶¶ 303-305, 306-309, 311
`314 ); see also Ex. 9 at 33:9-17; 109:5-110:25; (3)
`“Manage Your Scans” and “partial scan ”features
`(¶¶ 312-313, 315); (4) “parallelization” (¶¶ 314); or
`(5) WAS Scanner (¶¶ 316-320).
`
`include no
`infringement contentions
`Finjan’s
`theory of detecting potential exploits within the
`incoming stream.
`
`Finjan does not include a theory whereby the
`computer-readable storage medium is a scanner
`appliance or Cloud Agent. The only storage
`medium Finjan points to is a database maintained at
`Qualys’s Cloud Platform
`
`
`
`Case 4:18-cv-07229-YGR Document 158-11 Filed 01/23/21 Page 6 of 6
`
`Issue and Subsection
`of Section III of the
`Motion to Strike
`
`Medvidovic
`Report Pincite
`(Ex. 1)
`
`’408 Claim
`Element(s)
`(Ex. 4)
`
`Corresponding
`Infringement
`Contentions
`Page(s) (Ex. 5)
`
`C. Claim 29 Theories
`
`¶¶ 427-430
`
`29c
`
`43
`
`D. New Receiving
`Theory
`
`¶ 185, 187,
`195-197
`
`1b
`
`2-4
`
`E. Changed Date of
`First Infringement
`
`¶ 21-22, 262,
`and 277-283
`
`Pleading
`
`Cover pleading
`¶ 11
`
`¶¶ 250-253
`
`1d
`
`13
`
`Brief Statement regarding the basis for striking the
`paragraph(s)
`
`Finjan’s infringement contentions contain a theory
`only that the accessor is the database stored on
`Qualys’s Cloud Platform. There is no theory that
`the accessor is either: (a) scanners; (b) Cloud
`Agents; or (c) WAS scanners.
`
`Finjan’s infringement contentions require receiving
`via a request for Internet Content. Medvidovic’s
`new theory involves requesting content from
`Intranet devices.
`
`Finjan changed its contention for the ’408 for date
`of first infringement from November 29, 2018 to
`2005.
`
`Finjan failed to provide sufficient detail to preserve
`a DOE theory for this element.
`
`F. Doctrine of
`Equivalents Theory
`
`G. Foreign Sales
`Theory
`
`¶¶ 172-174
`
`N/A
`
`See generally. Finjan’s damages and infringement contentions do
`not disclose a theory of infringement involving
`foreign sales. See D.I. 100, 105, 114.
`
`-5-
`
`
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