Case 5:17-cv-04467-BLF Document 300-2 Filed 10/14/20 Page 1 of 6
`
`DUANE MORRIS LLP
`D. Stuart Bartow (SBN 233107)
`Email: DSBartow@duanemorris.com
`2475 Hanover Street
`Palo Alto, CA 94304-1194
`Telephone: 650.847.4150
`Facsimile: 650.847.4151
`
`DUANE MORRIS LLP
`Joseph A. Powers (PA SBN 84590)
`Admitted Pro Hac Vice
`japowers@duanemorris.com
`Jarrad M. Gunther (PA SBN 207038)
`Admitted Pro Hac Vice
`jmgunther@duanemorris.com
`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 (GA SBN 287759)
`Admitted Pro Hac Vice
`mcgaudet@duanemorris.com
`Robin L. McGrath (GA SBN 493115)
`Admitted Pro Hac Vice
`rlmcgrath@duanemorris.com
`David C. Dotson (GA SBN 138040)
`Admitted Pro Hac Vice
`dcdotson@duanemorris.com
`Jennifer H. Forte (GA SBN 940650)
`Admitted Pro Hac Vice
`jhforte@duanemorris.com
`1075 Peachtree Street, Ste. 2000
`Atlanta, GA 30309
`Telephone: 404.253.6900
`Facsimile: 404.253.6901
`
`
`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 DAVID C.
`DOTSON IN SUPPORT OF
`SONICWALL’S MOTION TO STRIKE
`
`
`
`DECLARATION OF DAVID C. DOTSON IN SUPPORT OF SONICWALL’S MOTION TO STRIKE; CASE NO. 5:17-CV-004467-BLF-
`VKD
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`Case 5:17-cv-04467-BLF Document 300-2 Filed 10/14/20 Page 2 of 6
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`I, David C. Dotson, declare:
`1.
`I am a partner with the law firm Duane Morris LLP, counsel of record for SonicWall,
`Inc., (“SonicWall”). I have personal knowledge of the facts stated herein and can testify
`competently to those facts. I make this declaration in support of SonicWall’s Motion to Strike New
`Theories in Finjan, LLC’s Expert Reports.
`Attached as Exhibit A is a true and correct copy of the relevant portions of Appendix
`2.
`G-2 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit B is a true and correct copy of the relevant portions of Appendix
`3.
`G-3 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit C is a true and correct copy of the relevant portions of Appendix
`4.
`G-4 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit D is a true and correct copy of the October 2, 2020 Email from J.
`5.
`Wolff to R. McGrath.
`Attached as Exhibit E is a true and correct copy of the relevant portions of the Expert
`6.
`Report of Dr. Nenad Medvidovic Regarding Infringement by SonicWall, Inc. of Patent Nos.
`8,225,408; 7,975,305; and 8,141,154.
`Attached as Exhibit F is a true and correct copy of the relevant portions of Appendix
`7.
`E-2 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit G is a true and correct copy of the relevant portions of Appendix
`8.
`D-1 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit H is a true and correct copy of the relevant portions of Appendix
`9.
`D-2 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit I is a true and correct copy of the relevant portions of Appendix
`10.
`D-3 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit J is a true and correct copy of the relevant portions of Appendix
`11.
`D-4 of Finjan’s Third Supplemental Infringement Contentions.
`
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`DECLARATION OF DAVID C. DOTSON IN SUPPORT OF SONICWALL’S MOTION TO STRIKE; CASE NO. 5:17-CV-004467-BLF-
`VKD
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`Case 5:17-cv-04467-BLF Document 300-2 Filed 10/14/20 Page 3 of 6
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`Attached as Exhibit K is a true and correct copy of the relevant portions of the Expert
`12.
`Report of Michael Mitzenmacher, Ph.D. Regarding Infringement by SonicWall, Inc. of Patent Nos.
`6,804,780; 6,965,968; and 7,613,926.
`Attached as Exhibit L is a true and correct copy of the Appendix H-2 to Finjan’s
`13.
`Fourth Supplemental Infringement Contentions.
`Attached as Exhibit M is a true and correct copy of the Appendix H-4 to Finjan’s
`14.
`Fourth Supplemental Infringement Contentions.
`Attached as Exhibit N is a true and correct copy of the April 2, 2020 Email from R.
`15.
`McGrath to J. Hannah.
`Attached as Exhibit T is a true and correct copy of the July 24, 2020 Email from D.
`16.
`Dotson to J. Hannah.
`Attached as Exhibit W is a true and correct copy of the December 17, 2019 Email
`17.
`from R. McGrath to J. Hannah.
`Attached as Exhibit X is a true and correct copy of the relevant portions of Appendix
`18.
`H-1 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit Y is a true and correct copy of the relevant portions of Appendix
`19.
`H-5 of Finjan’s Third Supplemental Infringement Contentions.
`Attached as Exhibit Z is a true and correct copy of the relevant portions of the Expert
`20.
`Report of Dr. Eric Cole Regarding Technology Tutorial and Infringement by SonicWall, Inc. of
`Patent Nos. 6,154,844; 7,058,822; 7,647,633; and 8,677,494.
`Attached as Exhibit Q is a true and correct copy of an email chain dated July 2, 2020
`21.
`at 6:29 P.M. from James Hannah (Finjan, Inc.’s counsel) sending revised Appendices H-2, H-3, and
`H-4 to SonicWall, in response to a meet and confer between the parties.
`Attached as Exhibit R is a true and correct copy of an email chain dated July 13,
`22.
`2020 at 10:08 A.M. from David Dotson to James Hannah articulating outstanding issues with
`Appendices H-6 and H-7, and in view of Mr. Hannah’s service of a revised Appendix H-3 on July 2,
`
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`DECLARATION OF DAVID C. DOTSON IN SUPPORT OF SONICWALL’S MOTION TO STRIKE; CASE NO. 5:17-CV-004467-BLF-
`VKD
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`Case 5:17-cv-04467-BLF Document 300-2 Filed 10/14/20 Page 4 of 6
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`reiterating SonicWall’s understanding that Appendix H-3 should be withdrawn, along with
`Appendices H-1 and H-5.
`Attached as Exhibit V is a true and correct copy of an email chain dated July 23,
`23.
`2020 at 12:12 P.M. from David Dotson to James Hannah stating that due to Finjan’s failure to
`respond to the issues SonicWall raised in its July 13, 2020 email, including confirmation regarding
`the withdrawn appendices, SonicWall would file a motion to strike.
`Attached as Exhibit O is a true and correct copy of an email chain dated July 23,
`24.
`2020 at 5:19 P.M. from James Hannah to David Dotson providing revised Appendices H-6 and H-7,
`but failing to address the withdrawal of Appendix H-3 (or Appendices H-1 and H-5).
`Attached as Exhibit S is a true and correct copy of an email chain dated July 23, 2020
`25.
`at 5:21 P.M. from David Dotson to James Hannah again requesting confirmation that Appendix H-3
`would be withdrawn, in addition to Appendices H-1 and H-5.
`Attached as Exhibit U is a true and correct copy of an email chain dated July 24,
`26.
`2020 at 3:48 P.M. from James Hannah to David Dotson, in which Mr. Hannah took the position that
`that Appendix H-3 only needed to be revised to address the issues raised by SonicWall, and did not
`need to be withdrawn. Again, Mr. Hannah did not contest that Appendices H-1 and H-5 had been
`withdrawn.
`Attached as Exhibit P is a true and correct copy of an email chain dated July 24,
`27.
`2020 at 8:20 P.M. from James Hannah to David Dotson providing a revised Appendix H-3. Again,
`Mr. Hannah did not dispute that Appendices H-1 and H-5 had been withdrawn.
`28.
`Despite repeated communications between the parties regarding Finjan’s
`infringement contentions for the ’154 Patent, including many referencing Finjan’s withdrawal of
`Appendices H-1 and H-5, at no point did Finjan correct or dispute SonicWall’s understanding that
`Appendices H-1 and H-5 had been withdrawn – as it did with Appendix H-3 – and at no point did
`Finjan provide further revised Appendices H-1 and H-5 addressing the issues SonicWall raised with
`respect to those contentions.
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`DECLARATION OF DAVID C. DOTSON IN SUPPORT OF SONICWALL’S MOTION TO STRIKE; CASE NO. 5:17-CV-004467-BLF-
`VKD
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`Case 5:17-cv-04467-BLF Document 300-2 Filed 10/14/20 Page 5 of 6
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`I declare under penalty of perjury under the laws of the United States that the foregoing is
`true and correct. Executed on October 14, 2020, in Atlanta, GA.
`
`
`
`
`
`
` /s/ David C. Dotson
` David C. Dotson
`
`4
`DECLARATION OF DAVID C. DOTSON IN SUPPORT OF SONICWALL’S MOTION TO STRIKE; CASE NO. 5:17-CV-004467-BLF-
`VKD
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`Case 5:17-cv-04467-BLF Document 300-2 Filed 10/14/20 Page 6 of 6
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`ATTESTATION
`I, Nicole E. Grigg, am the ECF user whose identification and password are being used to file
`the Declaration of David C. Dotson In Support of Sonicwall’s Motion to Strike. In compliance with
`Civil L.R. 5-1(i)(3), I hereby attest that the other signatory to this document, David C. Dotson, has
`concurred in this filing.
`
`Dated: October 14, 2020
`
`
`
`
`
`
`
`
`/s/ Nicole E. Grigg
`Nicole E. Grigg
`
`
`
`5
`DECLARATION OF DAVID C. DOTSON IN SUPPORT OF SONICWALL’S MOTION TO STRIKE; CASE NO. 5:17-CV-004467-BLF-
`VKD
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