Case 5:17-cv-04467-BLF Document 313-1 Filed 11/24/20 Page 1 of 5
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`Juanita R. Brooks (CA SBN 75934) brooks@fr.com
`Roger A. Denning (CA SBN 228998) denning@fr.com
`Jason W. Wolff (CA SBN 215819) wolff@fr.com
`John-Paul Fryckman (CA SBN 317591) fryckman@fr.com
`K. Nicole Williams (CA291900) nwilliams@fr.com
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Suite 400
`San Diego, CA 92130
`Telephone: (858) 678-5070 / Fax: (858) 678-5099
`
`Proshanto Mukherji (Pro Hac Vice) mukherji@fr.com
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210
`Phone: (617) 542-5070/ Fax: (617) 542-5906
`
`Robert Courtney (CA SNB 248392) courtney@fr.com
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Phone: (612) 335-5070 / Fax: (612) 288-9696
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`Attorneys for Plaintiff
`FINJAN LLC
`
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`(SAN JOSE DIVISION)
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`
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`FINJAN LLC, a Delaware Limited Liability
`Company,
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`Case No. 5:17-cv-04467-BLF (VKD)
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`Plaintiff,
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`v.
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`SONICWALL INC., a Delaware Corporation,
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`Defendant.
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`DECLARATION OF JASON W. WOLFF
`IN SUPPORT OF FINJAN LLC’S
`OPPOSITION TO SONICWALL INC.’S
`MOTION TO STRIKE NEW THEORIES
`IN FINJAN LLC’S EXPERT REPORTS
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`Date: March 11, 2021
`Time: 9:00 a.m.
`Judge: Hon. Beth Labson Freeman
`Dept: Courtroom 3, Fifth Floor
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`Case No. 5:17-cv-04467 BLF (VKD)
`DECL. OF JASON W. WOLFF IN SUPPORT OF
`FINJAN’S OPP. TO MOT. TO STRIKE NEW
`THEORIES IN FINJAN’S EXPERT REPORTS
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`Case 5:17-cv-04467-BLF Document 313-1 Filed 11/24/20 Page 2 of 5
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`I, Jason W. Wolff, hereby declare and state as follows:
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`1.
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`I am a principal in the law firm of Fish & Richardson P.C., counsel of record for
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`Plaintiff Finjan LLC in the above-captioned matter. I have personal knowledge of all the facts
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`contained herein and, if called as a witness, I could and would testify competently thereto.
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`2.
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`Attached as Exhibit A is a true and correct copy of an excerpt from Appendix G-2 to
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`Finjan’s Initial Disclosure of Asserted Claims and Infringement Contentions and Document
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`Production Pursuant to Patent L.R. 3-1 and 3-2, dated April 10, 2018.
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`3.
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`Attached as Exhibit B (filed under seal) is a true and correct copy of an excerpt from
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`Appendix G-2 to Finjan’s Third Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated December 11,
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`2019.
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`4.
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`Attached as Exhibit C (filed under seal) is a true and correct copy of an excerpt from
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`the Expert Report of Dr. Nenad Medvidovic Regarding Infringement by SonicWall, Inc. of Patent
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`Nos. 8,225,408; 7,975,305 and 8,141,154, dated September 3, 2020.
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`5.
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`Attached as Exhibit D (filed under seal) is a true and correct copy of an excerpt from
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`Appendix G-4 to Finjan’s Third Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated December 11,
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`2019.
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`6.
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`Attached as Exhibit E (filed under seal) is a true and correct copy of an excerpt from
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`Appendix G-3 to Finjan’s Third Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated December 11,
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`2019.
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`7.
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`Attached as Exhibit F (filed under seal) is a true and correct copy of an excerpt from
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`Appendix G-2 to Finjan’s First Supplemental Disclosure of Asserted Claims and Infringement
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`1
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`Case No. 5:17-cv-04467 BLF (VKD)
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`DECL. OF JASON W. WOLFF IN SUPPORT OF
`FINJAN’S OPP. TO MOT. TO STRIKE NEW
`THEORIES IN FINJAN’S EXPERT REPORTS
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`Case 5:17-cv-04467-BLF Document 313-1 Filed 11/24/20 Page 3 of 5
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated November 9,
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`2018.
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`8.
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`Attached as Exhibit G (filed under seal) is a true and correct copy of an excerpt from
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`Appendix E-2 to Finjan’s Third Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated December 11,
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`2019.
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`9.
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`Attached as Exhibit H is a true and correct copy of an excerpt from Appendix D-2 to
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`Finjan’s Initial Disclosure of Asserted Claims and Infringement Contentions and Document
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`Production Pursuant to Patent L.R. 3-1 and 3-2, dated April 10, 2018.
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`10.
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`Attached as Exhibit I (filed under seal) is a true and correct copy of an excerpt from
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`Appendix D-2 to Finjan’s First Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated November 9,
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`2018.
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`11.
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`Attached as Exhibit J (filed under seal) is a true and correct copy of an excerpt from
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`Appendix D-3 to Finjan’s Second Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated May 31, 2019.
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`12.
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`Attached as Exhibit K (filed under seal) is a true and correct copy of an excerpt from
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`Appendix D-3 to Finjan’s Third Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated December 11,
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`2019.
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`13.
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`Attached as Exhibit L (filed under seal) is a true and correct copy of an excerpt from
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`the Expert Report of Michael Mitzenmacher, Ph.D. Regarding Infringement of SonicWall, Inc. of
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`Patent Nos. 6,804,780; 6,965,968; and 7,613,926, dated September 3, 2020.
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`Case No. 5:17-cv-04467 BLF (VKD)
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`DECL. OF JASON W. WOLFF IN SUPPORT OF
`FINJAN’S OPP. TO MOT. TO STRIKE NEW
`THEORIES IN FINJAN’S EXPERT REPORTS
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`Case 5:17-cv-04467-BLF Document 313-1 Filed 11/24/20 Page 4 of 5
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`14.
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`Attached as Exhibit M (filed under seal) is a true and correct copy of an excerpt from
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`Appendix H-1 to Finjan’s Third Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated December 11,
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`2019.
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`15.
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`Attached as Exhibit N (filed under seal) is a true and correct copy of an excerpt from
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`Appendix H-5 to Finjan’s Third Supplemental Disclosure of Asserted Claims and Infringement
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`Contentions and Document Production Pursuant to Patent L.R. 3-1 and 3-2, dated December 11,
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`2019.
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`16.
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`Attached as Exhibit O (filed under seal) is a true and correct copy of an excerpt from
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`the Expert Report of DeForest McDuff, Ph.D., dated September 4, 2020.
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`17.
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`Attached as Exhibit P (filed under seal) is a true and correct copy of an excerpt from
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`a document entitled, “SonicWall Threat Research Telemetry Database”, which was produced
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`beginning at SonicWall-Finjan_00519307.
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`I declare under the penalty of perjury of the laws of the United States of America that the
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`foregoing is true and correct. Executed on November 24, 2020, in San Diego, California.
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`
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`/s/ Jason W. Wolff
`Jason W. Wolff
`wolff@fr.com
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`Attorneys for Plaintiff
`FINJAN LLC
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`3
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`Case No. 5:17-cv-04467 BLF (VKD)
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`DECL. OF JASON W. WOLFF IN SUPPORT OF
`FINJAN’S OPP. TO MOT. TO STRIKE NEW
`THEORIES IN FINJAN’S EXPERT REPORTS
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`Case 5:17-cv-04467-BLF Document 313-1 Filed 11/24/20 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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`document has been served on November 24, 2020 to all counsel of record who are deemed to have
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`consented to electronic service via the Court’s CM/ECF system. Any other counsel of record will
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`be served by electronic mail and regular mail.
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`/s/ Jason W. Wolff
`Jason W. Wolff
`wolff@fr.com
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`Attorneys for Plaintiff
`FINJAN LLC
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`4
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`Case No. 5:17-cv-04467 BLF (VKD)
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`DECL. OF JASON W. WOLFF IN SUPPORT OF
`FINJAN’S OPP. TO MOT. TO STRIKE NEW
`THEORIES IN FINJAN’S EXPERT REPORTS
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