Case 4:18-cv-07229-YGR Document 195-4 Filed 05/10/21 Page 1 of 4
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`EDWARD G. POPLAWSKI (SBN 113590)
`epoplawski@wsgr.com
`OLIVIA M. KIM (SBN 228382)
`okim@wsgr.com
`TALIN GORDNIA (SBN 274213)
`tgordnia@wsgr.com
`STEPHANIE C. CHENG (SBN 319856)
`stephanie.cheng@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
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`Attorneys for Defendant
`QUALYS INC.
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`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
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`OAKLAND DIVISION
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`FINJAN LLC,
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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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`CASE NO.: 4:18-cv-07229-YGR
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`DECLARATION OF DR. STUART
`STUBBLEBINE IN SUPPORT OF
`QUALYS’S OPPOSITION TO
`FINJAN’S MOTION FOR SUMMARY
`JUDGMENT
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`CASE NO. 4:18-cv-07229-YGR
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`DECLARATION OF DR. STUART STUBBLEBINE
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`Case 4:18-cv-07229-YGR Document 195-4 Filed 05/10/21 Page 2 of 4
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`I, Dr. Stuart Stubblebine, declare as follows:
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`I have been retained as an invalidity expert by Wilson, Sonsini, Goodrich, & Rosati
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`(“WSGR”), on behalf of Defendant Qualys Inc. (“Qualys”). I make this declaration in support of
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`Qualys’s Opposition to Plaintiff Finjan LLC’s (“Finjan”) Motion for Summary Judgment (D.I. 192).
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`I have personal knowledge of the facts set forth in this declaration and, if called as a witness, could
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`and would competently testify thereto.
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`2.
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`I received a Bachelor of Science degree in Computer Science and Mathematics in
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`1983 from Vanderbilt University, a Master of Science degree in Electrical Engineering in 1988 with
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`an emphasis in computer networking and distributed systems from the University of Arizona, and a
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`Ph.D. degree in Electrical Engineering with a concentration in Computer Engineering in 1992 from
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`the University of Maryland. My Ph.D. dissertation was in the area of message integrity in
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`cryptographic protocols.
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`3.
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`I served in the U.S. Army from 1984 to 1987, focusing on telecommunications. From
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`1985 to 1987, I was an instructor at the City Colleges of Chicago, teaching undergraduate computer
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`science courses relating to programming and system analysis and design. In 1988, I was a Research
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`Assistant in the Electrical and Computer Engineering Department at the University of Arizona.
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`From 1989 to 1990, I was the Director of Secure Systems Engineering at Commcrypt. I was a
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`teaching assistant at the University of Maryland from 1990 to 1991. I was a Computer Scientist and
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`consultant in the Federal Systems Division of IBM during the time I performed my Ph.D. research.
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`After receiving my Ph.D., I had a joint appointment at the University of Southern California as a
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`Research Assistant Professor in the Computer Science department and as a Computer Scientist with
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`the Information Sciences Institute, from 1992 to 1994. From 1994 to 1998, I was an Adjunct Faculty
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`member in the Computer Science department of the University of Southern California. I was also a
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`Member of Technical Staff with AT&T Bell Labs from 1994 to 1996, performing research in
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`computer and network security technology. From 1996 to 1998, I was a Principal Member of
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`Technical Staff with AT&T Labs – Research, formerly AT&T Bell Labs, performing research into
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`computer and network security technology. I was a Vice President and Cryptographer at CertCo,
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`Inc. from 1998 to 2001, conducting research, design, and analysis of public key infrastructure
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`DECLARATION OF DR. STUART STUBBLEBINE
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`Case 4:18-cv-07229-YGR Document 195-4 Filed 05/10/21 Page 3 of 4
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`protocols and related risk management services. Beginning in 2001, I formed Stubblebine
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`Consulting and Stubblebine Research Labs, and began my affiliation as a professional researcher
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`with the Computer Science department, University of California, Davis. As a principal of
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`Stubblebine Consulting, I provide consultation services primarily in the fields of computer and
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`network security. I was previously a research scientist with Stubblebine Research Labs, performing
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`research sponsored by the National Science Foundation into security and privacy technology.
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`4.
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`In preparing my expert report, I reviewed the Dr. Solomon’s Antivirus Toolkit for
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`Windows and DOS by Alan Solomon (“DSAVT”) reference. DSAVT is the user manual that
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`accompanies the Dr. Solomon Anti-Virus Toolkit product (“DSAVT Product”). During my
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`deposition, I testified that I looked more closely at DSAVT to see if I could determine when it was
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`publicly available. In doing so, I took note of the version number marked in DSAVT:
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`D.I. 192-3 at QUALYS00002807. Then, using the Internet, I came across webpages that suggested
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`to me that Version 7.5 of the DSAVT Product was available before the November 6, 1997 priority
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`date. In doing so, I came across evidence that Version 7.5 of the DSAVT Product was released in
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`1996. Ex.
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`the Declaration
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`of Christopher D. Mays
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`(https://books.google.com/books/about/Dr_Solomon_s_Anti_Virus_Toolkit_for_Wind.html?id=B
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`XFOwgEACAAJ). I also came across some evidence that a later version of the DSAVT Product
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`was released on May 1, 1997, which is well before the November 6, 1997 priority date. See for
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`example, Ex. 28 to the Mays Decl. (https://winworldpc.com/product/dr-solomons-anti-virus-
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`toolkit/7x). Logically, Version 7.72 of the DSAVT Product is released after Version 7.5 of the
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`DSAVT Product, thus indicating that Version 7.5 of the DSAVT Product must have been released
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`before May 1, 1997. Since DSAVT is a software user manual, it is my understanding that DSAVT
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`DECLARATION OF DR. STUART STUBBLEBINE
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`Case 4:18-cv-07229-YGR Document 195-4 Filed 05/10/21 Page 4 of 4
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`would accompany the actual the DSAVT Product. Based on my review of these webpages, I believe
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`that DSAVT was publicly available prior to May 1, 1997.
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`5.
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`I also testified as to the date of public accessibility of the Thomson reference. A few
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`days prior to my deposition, I performed an Internet Archive search and found a screengrab of a
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`University of Saskatchewan (“USask”) webpage, that was titled “1997 Graduate Student
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`Symposium.” Ex. 35 (Stubblebine Depo Ex. 31). As I testified, this screengrab lists Judi R.
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`Thomson’s paper, “Proxy Servers and Databases for Managing Web-based Information.”
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`6.
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`In examining the screengrab, I testified that there is a note on the bottom of the
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`webpage that says “This page last modified Wednesday August 27, 1997”, which indicates to me
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`that this webpage has not been modified since August 27, 1997 despite the fact that the screengrab
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`is from January 21, 2001. There is no reason for me to suspect that the webpage has been modified
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`after August 27, 1997, given the remark on the webpage itself stating that it has not been modified
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`since. Given these facts, it is my opinion that Thomson was publicly available on the USask
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`webpage by at least August 27, 1997.
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`I declare under the penalty of perjury under the laws of the United States of America that each of
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`the above statements is true and correct. Executed on May 10, 2021, in Miami, Florida.
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`Dr. Stuart Stubblebine
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`CASE NO. 3:18-cv-07229-YGR
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`DECLARATION OF DR. STUART STUBBLEBINE
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