Case 5:17-cv-04467-BLF Document 258 Filed 05/04/20 Page 1 of 3
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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
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`Attorneys for Plaintiff
`FINJAN, INC.
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`SONICWALL, INC., a Delaware Corporation,
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`v.
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`Plaintiff,
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`Defendant.
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`Case No.: 5:17-cv-04467-BLF
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`DECLARATION OF AARON FRANKEL IN
`SUPPORT OF PLAINTIFF FINJAN, INC.’S
`SUBMISSION OF DOCUMENTS FOR IN
`CAMERA REVIEW RELATING TO APRIL
`17, 2020 JOINT DISCOVERY LETTER
`BRIEF
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`Date:
`Time:
`Courtroom:
`Judge:
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`May 4, 2020
`N/A
`2, 5th Floor
`Hon. Virginia K. DeMarchi
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`FRANKEL DECL. IN SUPPORT OF FINJAN’S
`IN CAMERA SUBMISSION
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`CASE NO.: 5:17-cv-04467-BLF
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`Case 5:17-cv-04467-BLF Document 258 Filed 05/04/20 Page 2 of 3
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`I, Aaron Frankel, declare:
`1.
`I am a partner with the law firm Kramer Levin Naftalis & Frankel LLP, counsel of
`record for Plaintiff Finjan, Inc. (“Finjan”). I have personal knowledge of the facts stated herein and
`can testify competently to those facts. I make this declaration pursuant to the Court’s Interim Order
`Re: April 17, 2020 Joint Discovery Letter Brief (Dkt. No. 255).
`I.
`Submission of Documents For In Camera Review
`2.
`As directed by the Court, Finjan is submitting the disputed documents listed on its
`privilege log (excluding the listed deposition testimony, which is limited to discussing the contents of
`the other documents) for in camera review. As further directed, Finjan is submitting the documents in
`electronic form (as PDFs) to VKDcrd@cand.uscourts.gov.
`3.
`Document Nos. 1-3 were withheld in their entirety. In Document Nos. 4-8, the portions
`redacted on grounds of privilege and work product are highlighted. Where entire pages of a document
`are being redacted for privilege and work product, those redactions are indicated with a red box.
`For the Court’s convenience, attached hereto as Exhibit 1 is Finjan’s Consolidated
`4.
`Privilege and Redaction Log for In Camera Review (“Consolidated Log”). Finjan removed from the
`Consolidated Log the entries for documents not submitted to the Court, which include the deposition
`transcripts and the document for which SonicWall is not challenging Finjan’s assertion of privilege.
`Finjan also grouped its entries so that there is only one log entry for each unique document (the
`original log contained multiple entries for documents that were marked as exhibits at multiple
`depositions).
`5.
`In preparing the Consolidated Log, counsel identified a typographical error in Finjan’s
`original log. The correct date for Document No. 8 on the log is October 8, 2005, not October 8, 2015.
`Other than the deposition transcripts, all of the disputed documents are dated 2005 and 2006.
`Document No. 3 is undated, but appears from its contents to have been created in 2008.
`II.
`Evidence of Confidential Nature of Disclosure
`6.
`As directed by the Court, Finjan identifies the following evidence from the materials
`identified in the parties’ joint letter brief as supporting that, during the 2005-2008 timeframe when the
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`FRANKEL DECL. IN SUPPORT OF FINJAN’S
`IN CAMERA SUBMISSION
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`Case 5:17-cv-04467-BLF Document 258 Filed 05/04/20 Page 3 of 3
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`disputed documents were disclosed to Cisco’s board observer, Yoav Samet, there was an agreement
`and understanding that Cisco and Mr. Samet would maintain the disputed documents as confidential.
`Exhibit 2 is a true and correct copy of Finjan’s 2004 Investors’ Rights Agreement, to
`7.
`which Cisco is a signatory, with the relevant portion of the agreement highlighted at page 15.
`Exhibit 3 is a true and correct excerpt from the April 10, 2019 Deposition of Daniel
`8.
`Chinn, with the relevant portion highlighted at page 242.
`Exhibit 4 is a true and correct excerpt from the February 1, 2019 Deposition of Yoav
`9.
`Samet, with the relevant portion highlighted at page 214.
`10.
`Further evidence of the confidential relationship between Finjan and Cisco can be found
`in the following documents submitted for in camera review, which Finjan labelled as confidential
`when it provided them to Mr. Samet: Document Nos. 1, 3, 5-8. Finjan added highlighting to these
`documents to indicate the confidentiality designations. The confidentiality designations in Document
`Nos. 6 and 7 begin in the footer of each presentation footer on page 2. The other designations are
`found on the first page of the document.
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` I
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` declare under penalty of perjury under the laws of the United States of America that each of
`the above statements is true and correct. Executed on May 4, 2020, in Allendale, New Jersey.
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` /s/ Aaron Frankel
` Aaron Frankel
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`FRANKEL DECL. IN SUPPORT OF FINJAN’S
`IN CAMERA SUBMISSION
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