Case 4:18-cv-07229-YGR Document 206 Filed 06/07/21 Page 1 of 5
`
`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
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`OAKLAND DIVISION
`
`CASE NO.: 4:18-cv-07229-YGR
`
`DECLARATION OF CHRISTOPHER
`MAYS IN SUPPORT OF FINJAN
`LLC’S ADMINISTRATIVE MOTION
`TO FILE UNDER SEAL
`
`)))))))))))
`
`FINJAN LLC
`
`Plaintiff,
`
`v.
`
`QUALYS INC.,
`
`Defendant.
`
`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 NO. 4:18-cv-07229-YGR
`
`DECLARATION OF CHRISTOPHER MAYS
`
`

`

`Case 4:18-cv-07229-YGR Document 206 Filed 06/07/21 Page 2 of 5
`
`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
`
`I, Christopher Mays, declare as follows:
`1.
`I am an attorney with the law firm of Wilson, Sonsini, Goodrich, & Rosati
`(“WSGR”), counsel of record for Defendant Qualys Inc. (“Qualys”). I have personal knowledge of
`the facts set forth in this declaration and can testify competently to those facts.
`2.
`As required under Civil L.R. 79-5(d)(1)(A), Civil L.R. 79-5(e), and this Court’s
`Standing Order, the basis for asserting confidentiality and the grounds for filing the very narrow
`specific portions of the documents below under seal are as follows:
`3.
`With respect to Finjan LLC’s (“Finjan”) Reply in Support of Motion for Summary
`Judgment and Opposition to Qualys’s Cross-Motion for Summary, the redacted portions on page 14
`of this document discusses sensitive technical information regarding the operation of Qualys’s
`scanner engines, which Qualys maintains as highly confidential information. Qualys has marked
`this information “HIGHLY CONFIDENTIAL – ATTORNEYS EYES’ ONLY.” The remainder of
`the document should be unsealed. The redactions on page 14 are also discussed in more detail below
`to the extent they quote or cite material listed below.
`4.
`Finjan’s Responsive Separate Statement of Undisputed Material Facts does not
`contain any Qualys confidential information and need not be sealed.
`5.
`Exhibit 8 to the Declaration of Jason W. Wolff is an excerpt of the Expert Report of
`Nenad Medvidovic, Ph.D. dated December 1, 2020 and contains technical discussion of Qualys’s
`products. Qualys maintains a confidentiality claim only for the following paragraphs: ¶¶ 163, 192,
`222, 224, 256, 257, 259, 260, 264, 276-278, 287, 293, 294, 299, 304, and 331-333. The identified
`paragraphs contain a discussion of the technical functionality of Qualys’s products. As such, the
`document contains sensitive
`information and was marked by Qualys as “HIGHLY
`CONFIDENTIAL – ATTORNEYS EYES’ ONLY.” Paragraphs 163, 192, 222, 224, 256, 257, 259,
`260, 264, 276-278, 287, 293, 294, 299, 304, and 331-333 are therefore sealable as containing
`Qualys’s technical information. The remainder of the document should be unsealed.
`6.
`Exhibit 14 to the Declaration of Jason W. Wolff is an excerpt of the deposition
`transcript of Aviel Rubin, Ph.D., taken March 4, 2021, and contains commercially sensitive
`confidential information regarding how Qualys’s software products operate. Qualys maintains a
`
`CASE NO. 3:18-cv-07229-YGR
`
`1
`
`DECLARATION OF CHRISTOPHER MAYS
`
`

`

`Case 4:18-cv-07229-YGR Document 206 Filed 06/07/21 Page 3 of 5
`
`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
`
`confidentiality claim only for the following: 146:14-17; 147:18-21; 148:11-25; 186:3-10; 187:16-
`23; 188:18-24; 189:12-19; 190:1-6; 191:6-24; and 193:13-19. The identified portions of the
`transcript contain a discussion of the technical functionality of Qualys’s products. As such, the
`document contains sensitive
`information and was marked by Qualys as “HIGHLY
`CONFIDENTIAL – ATTORNEYS EYES’ ONLY.” 146:14-17; 147:18-21; 148:11-25; 186:3-10;
`187:16-23; 188:18-24; 189:12-19; 190:1-6; 191:6-24; and 193:13-19 of the Rubin deposition
`transcript are therefore sealable as containing Qualys’s technical information. The remainder of the
`document should be unsealed.
`7.
`Exhibit 15 to the Declaration of Jason W. Wolff is an excerpt of the Expert Report
`of Avi Rubin Regarding U.S. Patent No. 8,225,408 dated January 21, 2020 and contains
`commercially sensitive confidential information regarding how Qualys’s software products operate.
`Qualys maintains a confidentiality claim only for the following paragraphs: ¶¶ 247, 248, 263, 274,
`276-281, 297, 298, lines 24-25; 299; and 301. The identified paragraphs contain a discussion of the
`technical functionality of Qualys’s products. As such, the document contains sensitive information
`and was marked by Qualys as “HIGHLY CONFIDENTIAL – ATTORNEYS EYES’ ONLY.”
`Paragraphs 247, 248, 263, 274, 276-281, 297, 298, lines 24-25; 299; and 301 are therefore sealable
`as containing Qualys’s technical information. The remainder of the document should be unsealed.
`8.
`Exhibit 16 to the Declaration of Jason W. Wolff does not contain any Qualys
`confidential information and need not be sealed
`9.
`Exhibit 17 to the Declaration of Jason W. Wolff is a Qualys Response to a Request
`for Proposal (QUALYS01235879-QUALYS01235940) and contains commercially competitive
`information regarding companies Qualys has pitched business to. Qualys maintains a
`confidentiality claim only for the following, which should be redacted: all mentions of the customer
`name and logo on QUALYS01235879 and the entirety of QUALYS01235930-933. The identified
`pages contain a discussion of the commercially competitive information regarding companies
`Qualys as pitched business to. As such, the document contains sensitive information and was
`marked by Qualys as “HIGHLY CONFIDENTIAL – ATTORNEYS EYES’ ONLY.” All mentions
`of the customer name and logo on QUALYS01235879 and the entirety of QUALYS01235930-933
`
`CASE NO. 3:18-cv-07229-YGR
`
`2
`
`DECLARATION OF CHRISTOPHER MAYS
`
`

`

`Case 4:18-cv-07229-YGR Document 206 Filed 06/07/21 Page 4 of 5
`
`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
`
`are therefore sealable as containing a third party’s commercially sensitive information. The
`remainder of the document should be unsealed.
`10.
`Exhibit 19 to the Declaration of Jason W. Wolff is an excerpt of the deposition
`transcript of Holger Kruse, taken September 14, 2020, and contains commercially sensitive
`confidential information regarding how Qualys’s software products operate. Qualys maintains a
`confidentiality claim only for the following: 8:6-21. The identified portions of the transcript contain
`a discussion of the technical functionality of Qualys’s products. As such, the document contains
`sensitive information and was marked by Qualys as “HIGHLY CONFIDENTIAL – ATTORNEYS
`EYES’ ONLY.” 8:6-21 of the Kruse deposition transcript are therefore sealable as containing
`Qualys’s technical information. The remainder of the document should be unsealed.
`11.
`Exhibit 20 to the Declaration of Jason W. Wolff is a PowerPoint presentation on
`WebApp Security and WAS (QUALYS02019776-QUALYS02019800) and contains commercially
`sensitive confidential information regarding how Qualys’s software products operate. Qualys
`maintains a confidentiality claim only for the following: QUALYS02019784-798. The identified
`pages contain a discussion of the technical functionality of Qualys’s products. As such, the
`document contains sensitive
`information and was marked by Qualys as “HIGHLY
`CONFIDENTIAL – ATTORNEYS EYES’ ONLY.” QUALYS02019784-798 are therefore
`sealable as containing Qualys’s technical information. The remainder of the document should be
`unsealed.
`Exhibit 21 to the Declaration of Jason W. Wolff is an excerpt of Stuart Stubblebine’s
`12.
`Rebuttal Expert Report Regarding Non-Infringement and Apportionment Issues (U.S. Patent Nos.
`8,677,494; 6,154,844 and 7,418,731 dated January 12, 2021 and contains commercially sensitive
`confidential information regarding how Qualys’s software products operate. Qualys maintains a
`confidentiality claim only for the following paragraphs: ¶¶ 54-57, 59, 66 (first paragraph on page
`21), 67-69, 76, 77, 79, 122, 123, 127, and 238. The identified paragraphs contain a discussion of the
`technical functionality of Qualys’s products. As such, the document contains sensitive information
`and was marked by Qualys as “HIGHLY CONFIDENTIAL – ATTORNEYS EYES’ ONLY.”
`Paragraphs 54-57, 59, 66 (first paragraph on page 21), 67-69, 76, 77, 79, 122, 123, 127, and 238 are
`
`CASE NO. 3:18-cv-07229-YGR
`
`3
`
`DECLARATION OF CHRISTOPHER MAYS
`
`

`

`Case 4:18-cv-07229-YGR Document 206 Filed 06/07/21 Page 5 of 5
`
`therefore sealable as containing Qualys’s technical information. The remainder of the document
`should be unsealed.
`13.
`Exhibit 22 to the Declaration of Jason W. Wolff does not contain any Qualys
`confidential information and need not be sealed.
`14.
`Exhibit 24 to the Declaration of Jason W. Wolff is an excerpt of the Opening Expert
`Report of Eric Cole, Ph.D. Regarding Infringement by Qualys Inc. of Patent Nos. 6,154,844;
`8,677,494 and 7,418,731 dated December 1, 2020 and contains commercially sensitive confidential
`information regarding how Qualys’s software products operate. Qualys maintains a confidentiality
`claim only for the following paragraphs: ¶¶ 361 and 362. The identified paragraphs contain a
`discussion of the technical functionality of Qualys’s products. As such, the document contains
`sensitive information and was marked by Qualys as “HIGHLY CONFIDENTIAL – ATTORNEYS
`EYES’ ONLY.” Paragraphs 361 and 362 are therefore sealable as containing Qualys’s technical
`information. The remainder of the document should be unsealed.
`15.
`Exhibit 25 to the Declaration of Jason W. Wolff does not contain any Qualys
`confidential information and need not be sealed.
`
`I declare under the penalty of perjury under the laws of the United States of America that each of
`the above statements is true and correct. Executed on June 7, 2021, in Morgan Hill, CA.
`
`/s/ Christopher D. Mays
`Christopher D. Mays
`
`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 NO. 3:18-cv-07229-YGR
`
`4
`
`DECLARATION OF CHRISTOPHER MAYS
`
`