Case 4:18-cv-07229-YGR Document 195-5 Filed 05/10/21 Page 1 of 6
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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
`
`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) 210-2900
`Facsimile: (866) 974-7329
`
`Attorneys for Defendant
`QUALYS INC.
`
`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`OAKLAND DIVISION
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`CASE NO.: 4:18-cv-07229-YGR (TSH)
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`DECLARATION OF
`CHRISTOPHER D. MAYS IN
`SUPPORT OF DEFENDANT
`QUALYS INC.’S CROSS-MOTION
`FOR SUMMARY JUDGMENT AND
`OPPOSITION TO PLAINTIFF
`FINJAN LLC’S MOTION FOR
`SUMMARY JUDGMENT
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`))))))))))))))
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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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`MAYS DECL. ISO CROSS-MOTION FOR
`SUMMARY JUDGMENT
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`

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`Case 4:18-cv-07229-YGR Document 195-5 Filed 05/10/21 Page 2 of 6
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`I, Christopher D. Mays, the undersigned, declare as follows:
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`1.
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`I am an attorney at law, duly licensed to practice before all the courts of the State of
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`California, and I am an associate with the law firm of Wilson Sonsini Goodrich & Rosati, counsel
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`for Defendant Qualys Inc. (“Qualys”). I submit this declaration in support of Defendant Qualys
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`Inc.’s Cross-Motion For Summary Judgment and Opposition to Plaintiff Finjan LLC’s Motion For
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`Summary Judgment.
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`2.
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`Qualys obtained its produced copy of Dr. Solomon’s Anti-Virus Toolkit for Windows
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`and DOS (QUALYS00002805- QUALYS00003045) from Juniper’s counsel in the Finjan, Inc. v.
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`Juniper Networks, Inc. matter (3:17-cv-05659-WHA). Qualys has not altered the reference in any
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`way since receiving the reference from Juniper’s counsel.
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`3.
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`4.
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`5.
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`6.
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`Attached as Exhibit 1 is a true and correct copy of U.S. Patent No. 8,225,408.
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`Attached as Exhibit 2 is a true and correct copy of U.S. Patent no. 6,154,844.
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`Attached as Exhibit 3 is a true and correct copy of U.S. Patent No. 8,677,494.
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`Attached as Exhibit 4 is a true and correct copy of selected portions of the Expert
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`Report of Nenad Medvidovic, Ph.D., served December 2, 2020.
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`7.
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`Attached as Exhibit 5 is a true and correct copy of the webpage available at
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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.
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`8.
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`Attached as Exhibit 6 is a true and correct copy of selected portions of the Expert
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`Report of Eric Cole, Ph.D., served December 1, 2020.
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`9.
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`Attached as Exhibit 7 is a true and correct copy of QUALYS00325126.
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`10.
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`Attached as Exhibit 8 is a true and correct copy of selected portions of Microsoft
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`Computer Dictionary, Fifth Edition.
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`CASE NO. 4:18-cv-07229-YGR
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`MAYS DECL. ISO CROSS-MOTION FOR
`SUMMARY JUDGMENT
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`Case 4:18-cv-07229-YGR Document 195-5 Filed 05/10/21 Page 3 of 6
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`11.
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`Attached as Exhibit 9 is a true and correct copy of selected portions of the Deposition
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`Transcript of Eric Cole, Ph.D., taken on March 2, 2021.
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`12.
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`Attached as Exhibit 10 is a true and correct copy of selected portions of the Expert
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`Report of Michael Goodrich, Ph.D., served January 12, 2021.
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`13.
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`Attached as Exhibit 11 is a true and correct copy of Order Granting in Part and
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`Denying in Part Defendant’s Motion for Partial Summary Judgment in Finjan v. SonicWall, Case
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`No. 17-cv-04467-BLF, dated March 5, 2021.
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`14.
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`Attached as Exhibit 12 is a true and correct copy of selected portions of the
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`Deposition Transcript of Nenad Medvidovic, Ph.D., taken on February 28, 2021.
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`15.
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`Attached as Exhibit 13 is a true and correct copy of selected portions of the Rebuttal
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`Expert Report of Michael Goodrich, Ph.D., in Finjan v. Blue Coat, Case No. 15-cv-03295-BLF-
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`SVK, dated April 21, 2017.
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`16.
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`Attached as Exhibit 14 is a true and correct copy of selected portions of the Rebuttal
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`Expert Report of Michael T. Goodrich, Ph.D., in Finjan v. Rapid7, Case No. 18-cv-03295-MN,
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`dated July 31, 2020.
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`17.
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`Attached as Exhibit 15 is a true and correct copy of selected portions of the
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`Deposition Transcript of Michael Goodrich, Ph.D., taken on February 26, 2021.
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`18.
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`Attached as Exhibit 16 is a true and correct copy of selected portions of the
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`Declaration of Nenad Medvidovic, Ph.D., in. IPR2015-02001, IPR2016-00157, dated June 21, 2016.
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`19.
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`Attached as Exhibit 17 is a true and correct copy of selected portions of the
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`Deposition Transcript of Nenad Medvidovic in IPR2015-02001, IPR2016-00157, dated October 28,
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`2016.
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`Case 4:18-cv-07229-YGR Document 195-5 Filed 05/10/21 Page 4 of 6
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`20.
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`Attached as Exhibit 18 is a true and correct copy of the Final Written Description in
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`IPR2015-02001, IPR2016-00157, dated March 17, 2017.
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`21.
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`Attached as Exhibit 19 is a true and correct copy of selected portions of the
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`Deposition Transcript of Holger Kruse, taken on September 14, 2020.
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`22.
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`23.
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`24.
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`Attached as Exhibit 20 is a true and correct copy of QUALYS00289149.
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`Attached as Exhibit 21 is a true and correct copy of FINJAN-QUALYS 037712.
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`Attached as Exhibit 22 is a true and correct copy of selected portions of the
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`Deposition Transcript of Dilip Bachwani, taken on September 18, 2020.
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`25.
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`Attached as Exhibit 23 is a true and correct copy of selected portions of the Patent
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`Owner Response in IPR2015-02001, IPR2016-00157, dated August 9, 2016.
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`26.
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`Attached as Exhibit 24 is a true and correct copy of portions of The 1997 Merriam
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`Webster Dictionary.
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`27.
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`28.
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`Attached as Exhibit 25 is a true and correct copy of QUALYS00263186.
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`Attached as Exhibit 26 is a true and correct copy of Order on Defendants’ Renewed
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`Motion for Summary Judgment of Indefiniteness in Finjan v. ESET, Case No. 17-cv-0183-CAB-
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`BGS, dated March 23, 2021.
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`29.
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`Attached as Exhibit 27 is a true and correct copy of Cisco Systems, Inc.’s Motion
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`for Judgment of Invalidity of the ‘844, ‘780, and ‘494 Patents Based on Collateral Estoppel, dated
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`April 19, 2021.
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`30.
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`Attached as Exhibit 28 is a true and correct copy of the webpage available at
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`https://winworldpc.com/product/dr-solomons-anti-virus-toolkit/7x.
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`Case 4:18-cv-07229-YGR Document 195-5 Filed 05/10/21 Page 5 of 6
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`31.
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`Attached as Exhibit 29 is a true and correct copy of selected portions of Finjan’s
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`Infringement Contentions, dated April 10, 2019.
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`32.
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`Attached as Exhibit 30 is a true and correct copy of selected portions of the Rebuttal
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`Expert Report of Michael T. Goodrich, P.h.D., in Finjan v. SonicWall, Case No. 17-cv-04467-BLF,
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`dated October 9, 2020.
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`33.
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`Attached as Exhibit 31 is a true and correct copy of selected portions of the Patent
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`Owner’s Response in IPR2015-01892, dated June 21, 2016.
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`34.
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`Attached as Exhibit 32 is a true and correct copy of selected portions of the Patent
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`Owner’s Response in IPR2019-00026, dated June 2, 2019.
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`35.
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`Attached as Exhibit 33 is a true and correct copy of a letter from S.H. Michael Kim
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`to Bruce Posey dated November 12, 2015, bates labeled FINJAN-QUALYS 005287.
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`36.
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`Attached as Exhibit 34 is a true and correct copy of the Expert Report of Dr. Sylvia
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`D. Hall-Ellis Regarding Public Availability of Certain Publications, served December 1, 2020.
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`37.
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`Attached as Exhibit 35 is a true and correct copy of a document entitled 1997
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`Graduate Student Symposium, marked as Stubblebine Deposition Exhibit 31.
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`38.
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`Attached as Exhibit 36 is a true and correct copy of selected portions of the
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`Deposition Transcript of Stuart Stubblebine, Ph.D., taken on March 5, 2021.
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`39.
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`Attached as Exhibit 37 is a true and correct copy of selected portions of the Report
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`of Sylvia D. Hall-Ellis, Ph.D., in Finjan v. Juniper, Case No. 17-cv-05659 dated on July 18, 2019.
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`40.
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` Attached as Exhibit 38 is a true and correct copy of selected portions of the
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`Deposition Transcript of Sylvia D. Hall-Ellis, Ph.D., taken March 1, 2021.
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`41.
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`Attached as Exhibit 39 is a true and correct copy of Dr. Solomon’s Anti-Virus
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`Toolkit for Windows and DOS.
`CASE NO. 4:18-cv-07229-YGR
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`-4-
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`MAYS DECL. ISO CROSS-MOTION FOR
`SUMMARY JUDGMENT
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`Case 4:18-cv-07229-YGR Document 195-5 Filed 05/10/21 Page 6 of 6
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`I declare under penalty of perjury of the laws of the United States of America that the
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`foregoing is true and correct and that this Declaration is executed this 10th day of May, 2021, in
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`Morgan Hill, California.
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`By:
`
`/s/ Christopher D. Mays
`Christopher D. Mays
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`CASE NO. 4:18-cv-07229-YGR
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`-5-
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`MAYS DECL. ISO CROSS-MOTION FOR
`SUMMARY JUDGMENT
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