Case 5:17-cv-04467-BLF Document 112-1 Filed 01/31/19 Page 1 of 5
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`DUANE MORRIS LLP
`Patrick S. Salceda (CA SBN 247978)
`psalceda@duanemorris.com
`One Market Plaza
`Spear Tower, Suite 2200
`San Francisco, CA 94105
`Telephone: 415.957.3000
`Facsimile: 650.618.2713
`DUANE MORRIS LLP
`Joseph A. Powers (PA SBN 84590)
`Admitted Pro Hac Vice
`japowers@duanemorris.com
`Jarrad M. Gunther (PA SBN 207038)
`jmgunther@duanemorris.com
`Admitted Pro Hac Vice
`30 South 17th Street
`Philadelphia, PA 19103
`Telephone: 215.979.1000
`Facsimile: 215.979.1020
`Attorneys for Defendant
`SONICWALL INC.
`
`DUANE MORRIS LLP
`Matthew C. Gaudet
`Admitted Pro Hac Vice
`mcgaudet@duanemorris.com
`Robin L. McGrath
`Admitted Pro Hac Vice
`rlmcgrath@duanemorris.com
`David C. Dotson
`Admitted Pro Hac Vice
`dcdotson@duanemorris.com
`Jennifer H. Forte
`Admitted Pro Hac Vice
`jhforte@duanemorris.com
`1075 Peachtree Street, Ste. 2000
`Atlanta, GA 30309
`Telephone: 404.253.6900
`Facsimile: 404.253.6901
`
`IN THE UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`Plaintiff,
`
`vs.
`
`SONICWALL INC., a Delaware
`Corporation
`
`Defendant.
`
`
`Case No. 5:17-cv-04467-BLF-VKD
`
`DECLARATION OF ROBIN L. MCGRATH
`IN SUPPORT OF SONICWALL INC.’S
`MOTION TO COMPEL FURTHER
`SUPPLEMENTAL INFRINGEMENT
`CONTENTIONS
`
`
`Date: March 12, 2019
`Time: 10:00 a.m.
`Dept.: Courtroom 2, 5th Floor
`Judge: Mag. Virginia K. DeMarchi
`
`
`
`
`
`
`MCGRATH DECLARATION IN SUPPORT OF SONICWALL’S MOTION TO COMPEL FURTHER SUPPLEMENTAL INFRINGEMENT
`CONTENTIONS; CASE NO. 5:17-CV-04467-BLF-VKD
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`Case 5:17-cv-04467-BLF Document 112-1 Filed 01/31/19 Page 2 of 5
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`I, Robin L. McGrath, declare as follows:
`1.
`I am a partner at the law firm of Duane Morris LLP and am counsel for Defendant
`SonicWall Inc. (“SonicWall”). I have personal knowledge of the matters set forth in this
`Declaration, and if called as a witness, could and would testify competently to such facts under oath.
`I submit this Declaration in support of SonicWall’s Motion to Compel Further Supplemental
`Infringement Contentions. In making this declaration, it is not my intention, nor the intention of
`SonicWall, to waive the attorney-client privilege, the attorney work-product immunity, or any other
`applicable privilege.
`Attached as Exhibit 1 is a true and correct copy of a July 30, 2018 Letter from Kris
`2.
`Kastens, counsel for Plaintiff Finjan, Inc. (“Finjan”) to my colleague David Dotson, concerning
`Finjan’s Patent Local Rule 3-1 disclosures.
`Attached as Exhibit 2 is a true and correct copy of Finjan’s First Supplemental
`3.
`Disclosure of Asserted Claims and Infringement Contentions and Documents Production Pursuant to
`Patent Local Rules 3-1 and 3-2, served November 9, 2018 (“First Supplemental Infringement
`Contentions”).
`Attached as Exhibit 3 is a true and correct copy of Appendix A-1 to Finjan’s First
`4.
`Supplemental Infringement Contentions.
`Attached as Exhibit 4 is a true and correct copy of Appendix A-2 to Finjan’s First
`5.
`Supplemental Infringement Contentions.
`Attached as Exhibit 5 is a true and correct copy of Appendix A-3 to Finjan’s First
`6.
`Supplemental Infringement Contentions.
`Attached as Exhibit 6 is a true and correct copy of Appendix D-1 to Finjan’s First
`7.
`Supplemental Infringement Contentions.
`Attached as Exhibit 7 is a true and correct copy of Appendix E-1 to Finjan’s First
`8.
`Supplemental Infringement Contentions.
`Attached as Exhibit 8 is a true and correct copy of Appendix E-2 to Finjan’s First
`9.
`Supplemental Infringement Contentions.
`
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`MCGRATH DECLARATION IN SUPPORT OF SONICWALL’S MOTION TO COMPEL FURTHER SUPPLEMENTAL INFRINGEMENT
`CONTENTIONS; CASE NO. 5:17-CV-04467-BLF-VKD
`
`

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`Case 5:17-cv-04467-BLF Document 112-1 Filed 01/31/19 Page 3 of 5
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`Attached as Exhibit 9 is a true and correct copy of Appendix F-1 to Finjan’s First
`10.
`Supplemental Infringement Contentions.
`Attached as Exhibit 10 is a true and correct copy of Appendix G-1 to Finjan’s First
`11.
`Supplemental Infringement Contentions.
`Attached as Exhibit 11 is a true and correct copy of Appendix G-2 to Finjan’s First
`12.
`Supplemental Infringement Contentions.
`Attached as Exhibit 12 is a true and correct copy of Appendix G-3 to Finjan’s First
`13.
`Supplemental Infringement Contentions.
`Attached as Exhibit 13 is a true and correct copy of Appendix H-2 to Finjan’s First
`14.
`Supplemental Infringement Contentions.
`Attached as Exhibit 14 is a true and correct copy of Appendix H-4 to Finjan’s First
`15.
`Supplemental Infringement Contentions.
`Attached as Exhibit 15 is a true and correct copy of Appendix I-1 to Finjan’s First
`16.
`Supplemental Infringement Contentions.
`Attached as Exhibit 16 is a true and correct copy of relevant excerpts from
`17.
`Applicant’s Arguments and Remarks Made in Response to June 15, 2010 Office Action, dated
`September 15, 2010.
`Attached as Exhibit 17 is a true and correct copy of the December 20, 2018 email
`18.
`Mr. Dotson sent to Finjan’s counsel concerning Finjan’s First Supplemental Infringement
`Contentions.
`Attached as Exhibit 18 is a true and correct copy of a January 15, 2019 through
`19.
`January 28, 2019 email chain between counsel for Finjan and SonicWall concerning Finjan’s First
`Supplemental Infringement Contentions.
`20.
`For each asserted patent, Finjan’s contentions include one chart per Accused
`Instrumentality. These charts are mostly identical in substance, generally replacing one Accused
`Instrumentality with another, and then including most of the same excerpts from SonicWall’s
`publicly available and internal literature.
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`MCGRATH DECLARATION IN SUPPORT OF SONICWALL’S MOTION TO COMPEL FURTHER SUPPLEMENTAL INFRINGEMENT
`CONTENTIONS; CASE NO. 5:17-CV-04467-BLF-VKD
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`

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`Case 5:17-cv-04467-BLF Document 112-1 Filed 01/31/19 Page 4 of 5
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`Executed on January 31, 2019, in Atlanta, Georgia.
`
`
`/s/ Robin L. McGrath
`Robin L. McGrath
`
`
`
`
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`MCGRATH DECLARATION IN SUPPORT OF SONICWALL’S MOTION TO COMPEL FURTHER SUPPLEMENTAL INFRINGEMENT
`CONTENTIONS; CASE NO. 5:17-CV-04467-BLF-VKD
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`Case 5:17-cv-04467-BLF Document 112-1 Filed 01/31/19 Page 5 of 5
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`ATTESTATION
`I, Patrick S. Salceda, am the ECF user whose identification and password are being used to
`file this Declaration of Robin L. McGrath in Support of SonicWall’s Motion to Compel Further
`Supplemental Infringement Contentions (“Motion to Compel”). In compliance with Civil L.R. 5-
`1(i)(3), I hereby attest that the other signatory to this document has concurred in this filing.
`
`
`Dated: January 31, 2019
`
`
`DM2\9576740.1
`
`
`
`
`
`/s/ Patrick S. Salceda
` Patrick S. Salceda
`
`
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`MCGRATH DECLARATION IN SUPPORT OF SONICWALL’S MOTION TO COMPEL FURTHER SUPPLEMENTAL INFRINGEMENT
`CONTENTIONS; CASE NO. 5:17-CV-04467-BLF-VKD
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