Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 1 of 27
`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 1 of 27
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`EXHIBIT 2
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`EXHIBIT 2
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 2 of 27
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`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`FINJAN, INC., a Delaware Corporation,
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`
`
`
`
`
`Plaintiff,
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`v.
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`SONICWALL, INC., a Delaware Corporation,
`
`
`
`
`
`
`Defendant.
`
`Case No.: 5:17-cv-04467-BLF-HRL
`
`PLAINTIFF FINJAN, INC.’S FIRST
`SUPPLEMENTAL DISCLOSURE OF
`ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS AND
`DOCUMENT PRODUCTION PURSUANT
`TO PATENT LOCAL RULES 3-1 AND 3-2
`
`
`
`
`____________________________________________________________________________________
`FINJAN’S FIRST SUPP. DISCLOSURE OF
`CASE NO.: 5:17-cv-04467-BLF-HRL
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 3 of 27
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`Pursuant to the Order (Dkt. No. 93) and Patent Local Rules 3-1 and 3-2 of the United States
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`District Court for the Northern District of California, Plaintiff Finjan, Inc. (“Finjan”) makes the
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`following First Supplemental Disclosure of Asserted Claims and Infringement Contentions and
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`Document Production Accompanying Disclosure, including the attached claim charts (the
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`“Disclosure”) to SonicWall, Inc. (hereinafter “SonicWall” or “Defendant”).
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`Finjan makes this Disclosure based upon information presently known and reasonably available
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`to it as of this date, as Finjan’s investigations are ongoing and Defendant has yet to provide any
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`discovery. Accordingly, Finjan reserves the right to amend, modify, supplement, or narrow any
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`portion of this Disclosure, including, but not limited to, the identification of the claims infringed by
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`Defendant, the products and/or services accused of infringement and the bases and manner of
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`infringement described in this Disclosure. Finjan reserves the right to supplement this Disclosure as
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`necessary and as appropriate in accordance with the Federal Rules of Civil Procedure and this Court’s
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`Local Rules, including Patent Local Rule 3-6, in light of future document production, interrogatory
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`responses, admissions, disclosures, contentions, fact witness testimony, expert discovery, any other
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`discovery, future rulings from the Court (including claim construction), any amendments to the
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`pleadings, any additional items of evidence, and/or for any other reason authorized by statute, rule, or
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`applicable case law. Finjan further reserves the right to rely upon the opinions of one or more experts
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`in support of its infringement contentions in accordance with the Court’s scheduling order.
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`To the maximum degree allowed by the Federal Rules of Civil Procedure and the Court’s Local
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`Rules, Finjan reserves its right to supplement, amend, modify and/or narrow this Disclosure, as
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`appropriate, as the extent of infringement becomes more fully known, the Court makes any relevant
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`rulings (including claim construction), and the case develops over the course of discovery.
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`I.
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`PATENT L.R. 3-1: DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
`CONTENTIONS.
`
`Identification of Asserted Claims And Applicable Subsections Of 35 U.S.C. § 271.
`A.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(a):
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 4 of 27
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`Defendant directly infringed pursuant to 35 U.S.C. § 271(a) claims 1, 7, 15, 16, 41, and 43 of
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`U.S. Pat. No. 6,154,844 (the “’844 Patent”); claims 10, 14, and 18 of U.S. Pat. No. 8,677,494 (the
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`“’494 Patent”); claims 1, 9, and 10 of U.S. Pat. No. 7,058,822 (the “’822 Patent”); claims 1, 9, 13, 14,
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`and 17 of U.S. Pat. No. 6,804,780 (the “’780 Patent”); claims 1, 7, and 11 of U.S. Pat. No. 6,965,968
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`(the ‘’968 Patent”); claims 22, 25, and 27 of U.S. Pat. No. 7,613,926 (the “’926 Patent”); claims 1, 8,
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`9, and 14 of U.S. Pat. No. 7,647,633 (the “’633 Patent”); claims 6, 11, 12, and 13 of U.S. Pat. No.
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`7,975,305 (the “’305 Patent”); claims 1, 3, and 10 of U.S. Pat. No. 8,141,154 (the “’154 Patent”); and
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`claims 1, 3, 4, 9, and 22 of U.S. Pat. No. 8,225,408 (the “’408 Patent”).
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`Finjan reserves the right to amend, modify, supplement, or narrow these contentions, as
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`appropriate, pursuant to Patent Local Rule 3-6, including identifying additional asserted claims, as it
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`obtains additional information over the course of discovery and in light of the Court’s claim
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`construction order.
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`Identification of Accused Instrumentalities.
`B.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(b):
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 1, 7, 15, 16, 41, and 43 of the ‘844 Patent (“the ‘844 Asserted
`Claims”): SonicWall Gateways,1 SonicWall Email Security Appliance,2 and SonicWall Capture ATP3,
`identified in the attached Appendices A-1 through A-3 (“Accused Instrumentalities of the ‘844
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`Patent”).
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 10, 14, and 18 of the ’494 Patent (“the ‘494 Asserted Claims”):
`
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`1 A list of accused “SonicWall Gateways” is provided in Exhibit A attached hereto, and are
`collectively referred to as “SonicWall Gateways.”
`2 A list of the accused “SonicWall Email Security Appliance” products is provided in Exhibit A
`attached hereto, and are collectively referred to as “SonicWall Email Security Appliance.”
`3 “Capture ATP” refers to Capture Advanced Threat Protection as described in
`https://cdn.sonicwall.com/sonicwall.com/media/pdfs/datasheet/en_lr_datasheet-
`captureadvancedthreatprotection-a4-kj-mktg2923.pdf.
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
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`2
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP, identified in
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`the attached Appendices B-1 through B-3 (“Accused Instrumentalities of the ‘494 Patent”).
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 1, 9, and 10 of the ’822 Patent (“the ‘822 Asserted Claims”):
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`SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP, as identified
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`in the attached Appendices C-1 through C-3 (“Accused Instrumentalities of the ‘822 Patent”), and
`Capture Client4 when used in conjunction with Capture ATP.
`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 1, 9, 13, 14, and 17 of the ’780 Patent (“the ‘780 Asserted
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`Claims”): SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP,
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`identified in the attached Appendices D-1 through D-3 (“Accused Instrumentalities of the ‘780
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`Patent”).
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 1, 3, 4, 9, and 22 of the ’408 Patent (“the ‘408 Asserted
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`Claims”): SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP,
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`identified in the attached Appendices E-1 through E-3 (“Accused Instrumentalities of the ‘408
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`Patent”).
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 22, 25, and 27 of the ’926 Patent (“the ‘926 Asserted Claims”):
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`SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP, identified in
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`the attached Appendices F-1 through F-3 (“Accused Instrumentalities of the ‘926 Patent”).
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 6, 11, 12, and 13 of the ’305 Patent (“the ‘305 Asserted
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`Claims”): SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP,
`
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`4 “Capture Client” refers to Capture Client Advanced as described in
`https://www.sonicwall.com/SonicWall.com/files/91/91fac4ec-2d9b-4150-8c06-2c402a16a86b.pdf.
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
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`3
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 6 of 27
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`identified in the attached Appendices G-1 through G-3 (“Accused Instrumentalities of the ‘305
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`Patent”).
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 1, 3, and 10 of the ’154 Patent (“the ‘154 Asserted Claims”):
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`SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP, and Secure
`Mobile Access (SMA) Appliance,5 as identified in the attached Appendices H-1 through H-4
`(“Accused Instrumentalities of the ‘154 Patent”), and Capture Client when used in conjunction with
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`Capture ATP.
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 1, 7, and 11 of the ’968 Patent (“the ‘968 Asserted Claims”):
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`SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP, identified in
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`the attached Appendices I-1 through I-3 (“Accused Instrumentalities of the ‘968 Patent”).
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`Finjan accuses the following of Defendant’s products and/or services, and associated software
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`and subscriptions, of infringing claims 1, 8, 9 and 14 of the ’633 Patent (“the ‘633 Asserted Claims”):
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`SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP, as identified
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`in the attached Appendices J-1 through J-3 (“Accused Instrumentalities of the ‘633 Patent”)
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`(collectively, the “Accused Instrumentalities”), and Capture Client when used in conjunction with
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`Capture ATP.
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`Finjan makes this Disclosure based upon information presently known and reasonably available
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`to it as of this date, as Finjan’s investigations are ongoing and Defendant have not completed
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`discovery. Finjan anticipates that further discovery may reveal additional products, features and/or
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`services that infringe the patents-in-suit. Finjan reserves the right to amend, modify, supplement, or
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`narrow these contentions pursuant to Patent Local Rule 3-6, if necessary and appropriate, including
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`
`5 A list of the accused “Secure Mobile Access (SMA) Appliance” products is provided in Exhibit A
`attached hereto, and are collectively referred to as “SMA Appliance.”
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 7 of 27
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`identifying additional products, features and/or services, as it obtains additional information over the
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`course of discovery and in light of the Court’s claim construction order.
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`Claim Charts Identifying Claim Elements Present In Accused Instrumentalities.
`C.
`Finjan provides the following appendices pursuant to Patent Local Rule 3-1(c):
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`The attached Appendices A-1 through A-3 (which show how the Accused Instrumentalities of
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`the ‘844 Patent and other products/services infringe each of the asserted claims of the ‘844 Patent),
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`Appendices B-1 through B-3 (which show how the Accused Instrumentalities of the ‘494 Patent and
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`other products/services infringe each of the asserted claims of the ‘494 Patent), Appendices C-1
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`through C-3 (which show how the Accused Instrumentalities of the ‘822 Patent and other
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`products/services infringe each of the asserted claims of the ‘822 Patent), Appendices D-1 through D-3
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`(which show how the Accused Instrumentalities of the ‘780 Patent and other products/services infringe
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`each of the asserted claims of the ‘780 Patent), Appendices E-1 through E-3 (which show how the
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`Accused Instrumentalities of the ‘408 Patent and other products/services infringe each of the asserted
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`claims of the ‘408 Patent), and Appendices F-1 through F-3 (which show how the Accused
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`Instrumentalities of the ‘926 Patent and other products/services infringe each of the asserted claims of
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`the ‘926 Patent), Appendices G-1 through G-3 (which show how the Accused Instrumentalities of the
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`‘305 Patent and other products/services infringe each of the asserted claims of the ‘305 Patent),
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`Appendices H-1 through H-4 (which show how the Accused Instrumentalities of the ‘154 Patent and
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`other products/services infringe each of the asserted claims of the ‘154 Patent), Appendices I-1 through
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`I-3 (which show how the Accused Instrumentalities of the ‘968 Patent and other products/services
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`infringe each of the asserted claims of the ‘968 Patent), Appendices J-1 through J-3 (which show how
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`the Accused Instrumentalities of the ‘633 Patent and other products/services infringe each of the
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`asserted claims of the ‘633 Patent) (collectively, the “Appendices”).
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`The Appendices are incorporated by reference as if fully set forth herein. Any citations
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`included in the Appendices are exemplary. In the attached Appendices, Finjan has subdivided each
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`Asserted Claim to explain where the respective Accused Instrumentalities and other products/services
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 8 of 27
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`meet each claim element. The subdivisions in the Appendices are not to be taken as an indication of
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`the boundaries of claim elements with respect to doctrine of equivalents, or any other issue.
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`Additionally, the Accused Instrumentalities and Defendant’s other products/services may infringe the
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`Asserted Claims in multiple ways.
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`The above identification is based on the information publicly available to Finjan as of the date
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`hereof. Finjan reserves the right to provide an alternative claim mapping or infringement contentions
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`for such Accused Instrumentalities or other products and/or services. Finjan further reserves the right
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`to rely upon the opinions of one or more experts in support of its infringement contentions in
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`accordance with the Court’s scheduling order.
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`D.
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`Identification of Direct Infringement Underlying Allegations of Indirect
`Infringement and Description of Acts of Indirect Infringement.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(d):
`
`Defendant induces infringement of claims 1 and 7 of the ‘844 Patent pursuant to 35 U.S.C. §
`
`271(b), by taking active steps to cause infringement of claims 1 and 7 of the ‘844 Patent, with both
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`knowledge of the ‘844 Patent and the specific intent to cause, instruct, direct and/or require third
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`parties, including its customers, subscribers, users and developers, to use the Accused Instrumentalities
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`of the ‘844 Patent in a manner that infringes claims 1 and 7 of the ‘844 Patent. Such steps include, but
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`are not limited to, advising third parties to use the Accused Instrumentalities of the ‘844 Patent in an
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`infringing manner through product manuals and other product documentation; providing a mechanism
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`through which third parties may infringe the patent, specifically through the use of the Accused
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`Instrumentalities of the ‘844 Patent; requiring third parties to agree to its terms and conditions;
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`advertising and promoting the use of the Accused Instrumentalities of the ‘844 Patent in an infringing
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`manner; and distributing guidelines and instructions to third parties on how to use the Accused
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`Instrumentalities of the ‘844 Patent in an infringing manner. The materials referenced in Appendices
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`A-1 through A-6 and the documents previously produced and identified by bates production numbers:
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`FINJAN-SW 005863-8555 are non-limiting examples of materials provided to third parties that show
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
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`how Defendant intends, instructs, directs and/or requires third parties to use the Accused
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`Instrumentalities of the ‘844 Patent in a manner that infringes the claims identified above.
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`Defendant induces infringement of claim 1 of the ‘822 Patent pursuant to 35 U.S.C. § 271(b),
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`by taking active steps to cause infringement of claim 1 of the ‘822 Patent, with both knowledge of the
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`‘822 Patent and the specific intent to cause, instruct, direct and/or require third parties, including its
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`customers, subscribers, users and developers, to use the Accused Instrumentalities of the ‘822 Patent in
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`a manner that infringes claim 1 of the ‘822 Patent. Such steps include, but are not limited to, advising
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`third parties to use the Accused Instrumentalities of the ‘822 Patent in an infringing manner through
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`product manuals and other product documentation; providing a mechanism through which third parties
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`may infringe the patent, specifically through the use of the Accused Instrumentalities of the ‘822
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`Patent; requiring third parties to agree to its terms and conditions; advertising and promoting the use of
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`the Accused Instrumentalities of the ‘822 Patent in an infringing manner; and distributing guidelines
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`and instructions to third parties on how to use the Accused Instrumentalities of the ‘822 Patent in an
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`infringing manner. The materials referenced in Appendices C-1 through C-3 and the documents
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`previously produced and identified by bates production numbers: FINJAN-SW 005863-8555 are non-
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`limiting examples of materials provided to third parties that show how Defendant intends, instructs,
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`directs and/or requires third parties to use the Accused Instrumentalities of the ‘822 Patent in a manner
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`that infringes the claims identified above.
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`Defendant induces infringement of claim 1 of the ‘780 Patent pursuant to 35 U.S.C. § 271(b),
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`by taking active steps to cause infringement of claim 1 of the ‘780 Patent, with both knowledge of the
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`‘780 Patent and the specific intent to cause, instruct, direct and/or require third parties, including its
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`customers, subscribers, users and developers, to use the Accused Instrumentalities of the ‘780 Patent in
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`a manner that infringes claim 1 of the ‘780 Patent. Such steps include, but are not limited to, advising
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`third parties to use the Accused Instrumentalities of the ‘780 Patent in an infringing manner through
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`product manuals and other product documentation; providing a mechanism through which third parties
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`may infringe the patent, specifically through the use of the Accused Instrumentalities of the ‘780
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`Patent; requiring third parties to agree to its terms and conditions; advertising and promoting the use of
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
`
`7
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`the Accused Instrumentalities of the ‘780 Patent in an infringing manner; and distributing guidelines
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`and instructions to third parties on how to use the Accused Instrumentalities of the ‘780 Patent in an
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`infringing manner. The materials referenced in Appendices D-1 through D-3 and the documents
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`previously produced and identified by bates production numbers: FINJAN-SW 005863-8555 are non-
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`limiting examples of materials provided to third parties that show how Defendant intends, instructs,
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`directs and/or requires third parties to use the Accused Instrumentalities of the ‘780 Patent in a manner
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`that infringes the claims identified above.
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`Defendant induces infringement of claim 1 of the ‘633 Patent pursuant to 35 U.S.C. § 271(b),
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`by taking active steps to cause infringement of claim 1 of the ‘633 Patent, with both knowledge of the
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`‘633 Patent and the specific intent to cause, instruct, direct and/or require third parties, including its
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`customers, subscribers, users and developers, to use the Accused Instrumentalities of the ‘633 Patent in
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`a manner that infringes claim 1 of the ‘633 Patent. Such steps include, but are not limited to, advising
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`third parties to use the Accused Instrumentalities of the ‘633 Patent in an infringing manner through
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`product manuals and other product documentation; providing a mechanism through which third parties
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`may infringe the patent, specifically through the use of the Accused Instrumentalities of the ‘633
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`Patent; requiring third parties to agree to its terms and conditions; advertising and promoting the use of
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`the Accused Instrumentalities of the ‘633 Patent in an infringing manner; and distributing guidelines
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`and instructions to third parties on how to use the Accused Instrumentalities of the ‘633 Patent in an
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`infringing manner. The materials referenced in Appendices J-1 through J-3 and the documents
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`previously produced and identified by bates production numbers: FINJAN-SW 005863-8555 are non-
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`limiting examples of materials provided to third parties that show how Defendant intends, instructs,
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`directs and/or requires third parties to use the Accused Instrumentalities of the ‘633 Patent in a manner
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`that infringes the claims identified above.
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`Defendant induces infringement of claim 13 of the ‘305 Patent pursuant to 35 U.S.C. § 271(b),
`
`by taking active steps to cause infringement of claim 13 of the ‘305 Patent, with both knowledge of the
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`‘305 Patent and the specific intent to cause, instruct, direct and/or require third parties, including its
`
`customers, subscribers, users and developers, to use the Accused Instrumentalities of the ‘305 Patent in
`
`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
`
`8
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`

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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 11 of 27
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`
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`a manner that infringes claims Claim 13 of the ‘305 Patent. Such steps include, but are not limited to,
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`advising third parties to use the Accused Instrumentalities of the ‘305 Patent in an infringing manner
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`through product manuals and other product documentation; providing a mechanism through which
`
`third parties may infringe the patent, specifically through the use of the Accused Instrumentalities of
`
`the ‘305 Patent; requiring third parties to agree to its terms and conditions; advertising and promoting
`
`the use of the Accused Instrumentalities of the ‘305 Patent in an infringing manner; and distributing
`
`guidelines and instructions to third parties on how to use the Accused Instrumentalities of the ‘305
`
`Patent in an infringing manner. The materials referenced in Appendices G-1 through G-3 and the
`
`documents previously produced and identified by bates production numbers: FINJAN-SW 005863-
`
`8555 are non-limiting examples of materials provided to third parties that show how Defendant
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`intends, instructs, directs and/or requires third parties to use the Accused Instrumentalities of the ‘305
`
`Patent in a manner that infringes the claims identified above.
`
`Defendant induces infringement of claims 1, 3, and 4 of the ‘408 Patent pursuant to 35 U.S.C. §
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`271(b), by taking active steps to cause infringement of claims 1, 3, and 4 of the ‘408 Patent, with both
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`knowledge of the ‘408 Patent and the specific intent to cause, instruct, direct and/or require third
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`parties, including its customers, subscribers, users and developers, to use the Accused Instrumentalities
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`of the ‘408 Patent in a manner that infringes claims 1, 3, and 4 of the ‘408 Patent. Such steps include,
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`but are not limited to, advising third parties to use the Accused Instrumentalities of the ‘408 Patent in
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`an infringing manner through product manuals and other product documentation; providing a
`
`mechanism through which third parties may infringe the patent, specifically through the use of the
`
`Accused Instrumentalities of the ‘408 Patent; requiring third parties to agree to its terms and
`
`conditions; advertising and promoting the use of the Accused Instrumentalities of the ‘408 Patent in an
`
`infringing manner; and distributing guidelines and instructions to third parties on how to use the
`
`Accused Instrumentalities of the ‘408 Patent in an infringing manner. The materials referenced in
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`Appendices E-1 through E-3 and the documents previously produced and identified by bates
`
`production numbers: FINJAN-SW 005863-8555 are non-limiting examples of materials provided to
`
`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
`
`9
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 12 of 27
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`third parties that show how Defendant intends, instructs, directs and/or requires third parties to use the
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`Accused Instrumentalities of the ‘408 Patent in a manner that infringes the claims identified above.
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`E.
`
`Identification of Elements Present Literally and Present Under the Doctrine of
`Equivalents.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(e):
`
`The Accused Instrumentalities literally meet each Asserted Claim. In addition, as detailed in
`
`the Appendices, Finjan asserts that the Accused Instrumentalities also infringe under the doctrine of
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`equivalents for the Asserted Claims as set forth in the attached Appendices. Should Defendant contend
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`that any element or limitation of the Asserted Claims is absent in an Accused Instrumentality, Finjan
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`reserves the right to demonstrate that the allegedly missing element or limitation is present in the
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`Accused Instrumentality under the doctrine of equivalents. Finjan further reserves the right to rely
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`upon the opinions of one or more experts in support of its infringement contentions in accordance with
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`the Court’s scheduling order.
`
`The above identification is based on the information publicly available to Finjan as of date
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`hereof. Finjan reserves the right to amend, modify, supplement, or narrow these contentions, as
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`appropriate, pursuant to Patent Local Rule 3-6, including providing additional bases of infringement,
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`and/or applying the doctrine of equivalents to additional claim elements, as it obtains additional
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`information over the course of discovery and in light of the Court’s claim construction order.
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`Identification of Priority Dates.
`F.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(f):
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`Because Patent Local Rule 3-1(f) requires disclosure of the claimed priority date and not of the
`
`date of conception or reduction, Finjan distinguishes between “priority date” and “invention date.”
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`Finjan alleges that each of the asserted claims of the ‘844 Patent is entitled to the priority date
`
`of November 8, 1996.
`
`Finjan alleges that each of the asserted claims of the ‘780 Patent is entitled to the priority date
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`of November 8, 1996.
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`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
`
`10
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 13 of 27
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`Finjan alleges that each of the asserted claims of the ‘926 Patent is entitled to the priority date
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`of January 29, 1997.
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`Finjan alleges that each of the asserted claims of the ‘633 Patent is entitled to the priority date
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`of January 29, 1997.
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`Finjan alleges that each of the asserted claims of the ‘154 Patent is entitled to the priority date
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`of December 12, 2005.
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`Finjan alleges that each of the asserted claims of the ‘494 Patent is entitled to the priority date
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`of November 8, 1996.
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`Finjan alleges that each of the asserted claims of the ‘968 Patent is entitled to the priority date
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`of February 27, 2003.
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`Finjan alleges that each of the asserted claims of the ‘822 Patent is entitled to the priority date
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`of January 29, 1997.
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`Finjan alleges that each of the asserted claims of the ‘305 Patent is entitled to the priority date
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`of August 30, 2004.
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`Finjan alleges that each of the asserted claims of the ‘408 Patent is entitled to the priority date
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`of August 30, 2004.
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`Finjan reserves the right to amend, modify, supplement, or narrow these contentions pursuant
`
`to Patent Local Rule 3-6.
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`Practice of the Claimed Invention.
`G.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(g):
`
`Finjan previously produced and sold Vital Security appliances version 7.0 and later versions
`
`(“Vital Security”). Vital Security incorporated or reflected claims 1, 15, 41, and 43 of the ‘844 Patent.
`
`Vital Security incorporated or reflected claims 1, 9, 17, and 18 of the ‘780 Patent. Vital Security
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`incorporated or reflected claims 1, 8, 13, and 14 of the ‘633 Patent. Vital Security incorporated or
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`reflected claims 1, 4, and 9 of the ‘822 Patent. Vital Security incorporated or reflected claims 1 and 13
`
`of the ‘968 Patent.
`
`FINJAN’S FIRST SUPP. DISCLOSURE OF
`ASSERTED CLAIMS & INFRINGEMENT CONTENTIONS
`
`11
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`CASE NO.: 5:17-cv-04467-BLF-HRL
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`Case 5:17-cv-04467-BLF Document 112-3 Filed 01/31/19 Page 14 of 27
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`Finjan has released its FinjanMobile VitalSecurity Browser, which was renamed the
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`FinjanMobile VitalSecurityVPN Browser (collectively, the “FinjanMobile VitalSecurity Browser”).
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`The FinjanMobile VitalSecurity Browser after October 25, 2016, incorporated or reflected claim 10 of
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`the ‘494 Patent. The FinjanMobile VitalSecurity Browser incorporates or reflects claims 1 and 10 of
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`the ‘154 Patent.
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`Finjan reserves the right to amend, modify, supplement, or narrow these contentions pursuant
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`to Patent Local Rule 3-6.
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`Timing of First Infringement and Damages.
`H.
`Finjan provides the following contentions pursuant to Patent Local Rule 3-1(h):
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`Based on information presently known to Finjan, Finjan asserts that the date of first
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`infringement for the ‘844, ‘780, and ‘968 Patents is around January 2008, or when SonicWall released
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`the SonicWall Gateways, SonicWall Email Security Appliance, and SonicWall Capture ATP. Finjan
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`asserts that the date of first infringement for the ‘822 and ‘633 Patents is around February 2016, or
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`when SonicWall released Capture ATP. Finjan asserts that the date