Case 5:17-cv-04467-BLF Document 320-1 Filed 12/02/20 Page 1 of 7
`
`DUANE MORRIS LLP
`D. Stuart Bartow (CA SBN 233107)
`Email: DSBartow@duanemorris.com
`Nicole E. Johnson (CA SBN 307733)
`negrigg@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
`
`Plaintiff,
`
`FINJAN, LLC, a Delaware Limited Liability
`Company,
`
`
`vs.
`
`SONICWALL INC., a Delaware
`Corporation
`
`
`
`Defendant.
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`DECLARATION OF JARRAD M.
`GUNTHER IN SUPPORT OF
`DEFENDANT SONICWALL INC.’S
`MOTION FOR PARTIAL SUMMARY
`JUDGMENT
`
`
`
`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S MOTION FOR SUMMARY JUDGMENT
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Case 5:17-cv-04467-BLF Document 320-1 Filed 12/02/20 Page 2 of 7
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`I, Jarrad M. Gunther, declare as follows:
`1.
`I am an attorney 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 for Summary Judgment. 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.
`2.
`Attached as Exhibit 1 is a true and correct copy of the March 30, 2020 Order Granting
`in Part and Denying in Part Cisco’s Motion for Partial Summary Judgment of Non-Infringement, in
`the case styled, Finjan, Inc. v. Cisco Systems, Inc., Case No. 17-cv-00072-BLF (N.D. Cal.), Dkt.
`No. 499.
`
`3.
`Attached as Exhibit 2 is a true and correct copy of the July 23, 2018 Order Construing
`Claims in U.S. Patent Nos. 6,154,844; 6,804,780; 7,647,633; 8,141,154; 8,677,494, in the case
`styled, Finjan, Inc. v. Cisco Systems, Inc., Case No. 17-cv-00072-BLF (N.D. Cal.), Dkt. No. 134.
`
`4.
`Attached as Exhibit 3 is a true and correct copy of excerpts from the September 3,
`2020 Expert Report of Dr. Nenad Medvidovic Regarding Infringement by SonicWall, Inc. of Patent
`Nos. 8,225,408; 7,975,305; and 8,141,154.
`
`5.
`Attached as Exhibit 4 is a true and correct copy of excerpts from the September 4,
`2020 Expert Report of DeForest McDuff, Ph.D.
`
`6.
`Attached as Exhibit 5 is a true and correct copy of excerpts from the July 9, 2020
`John Gmuender Deposition Transcript.
`
`7.
`Attached as Exhibit 6 is a true and correct copy of excerpts from the July 16, 2020
`Shunhui Zhu Deposition Transcript.
`
`8.
`Attached as Exhibit 7 is a true and correct copy of excerpts from the July 29, 2020
`Dmitriy Ayrapetov Deposition Transcript.
`
`1
`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 320-1 Filed 12/02/20 Page 3 of 7
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`9.
`Attached as Exhibit 8 is a true and correct copy of excerpts from the July 24, 2020
`Matt Neiderman Deposition Transcript.
`
`10.
`Attached as Exhibit 9 is a true and correct copy of the August 2016 SonicOS 6.2.6.0
`Release Notes bearing bates numbers SonicWall-Finjan_00016706 - SonicWall-Finjan_00016722.
`
`11.
`Attached as Exhibit 10 is a true and correct copy of the August 2016, updated
`November 2016 SonicOS 6.2.6.0 Release Notes bearing bates numbers SonicWall-
`Finjan_00012901 - SonicWall-Finjan_00012918.
`
`12.
`Attached as Exhibit 11 is a true and correct copy of the August 2016, revised October
`2016 SonicOS 6.2.6 Capture Advanced Threat Protection Feature Guide bearing bates numbers
`SonicWall-Finjan_00012919 - SonicWall-Finjan_00012954.
`
`13.
`Attached as Exhibit 12 is a true and correct copy of the February 2017 SonicWall
`Email Security 9.0 Release Notes bearing bates numbers SonicWall-Finjan_00009598 - SonicWall-
`Finjan_00009608.
`
`14.
`Attached as Exhibit 13 is a true and correct copy of the April 2017 SonicWall Email
`Security 9.0.1 Release Notes bearing bates numbers SonicWall-Finjan_00009996 - SonicWall-
`Finjan_00010006.
`
`15.
`Attached as Exhibit 14 is a true and correct copy of excerpts from the October 22,
`2020 Eric B. Cole, Ph.D. Deposition Transcript.
`
`16.
`Attached as Exhibit 15 is a true and correct copy of excerpts from the October 26,
`2020 Michael Mitzenmacher, Ph.D. Deposition Transcript.
`
`17.
`Attached as Exhibit 16 is a true and correct copy of excerpts from the October 29,
`2020 Nenad Medvidovic, Ph.D. Deposition Transcript.
`
`18.
`
`Attached as Exhibit 17 is a true and correct copy of excerpts from the September 3,
`
`2
`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

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`Case 5:17-cv-04467-BLF Document 320-1 Filed 12/02/20 Page 4 of 7
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`2020 Expert 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.
`
`19.
`Attached as Exhibit 18 is a true and correct copy of excerpts from the September 3,
`2020 Expert Report of Michael Mitzenmacher, Ph.D. Regarding Infringement by SonicWall, Inc. of
`Patent Nos. 6,804,780; 6,965,968; and 7,613,926.
`
`20.
`Attached as Exhibit 19 is a true and correct copy of the December 1, 2015 CloudAV
`2.1: Sandbox. Specifications and Design, Version 0.2 (December 1, 2015), bearing bates numbers
`SonicWall-Finjan_00876666 - SonicWall-Finjan_00876680.
`
`21.
`Attached as Exhibit 20 is a true and correct copy of the March 12, 2018 CloudAV
`2.1: Sandbox. Specifications and Design, Version 1.3 (March 12, 2018), bearing bates numbers
`SonicWall-Finjan_00002468 - SonicWall-Finjan_00002495.
`
`22.
`Attached as Exhibit 21 is a true and correct copy of excerpts from the July 31, 2020
`Alex Dubrovsky Deposition Transcript.
`
`23.
`Attached as Exhibit 22 is a true and correct copy the May 31, 2019 Finjan’s Second
`Supplemental Infringement Contentions, Appendix A-1.
`
`24.
`Attached as Exhibit 23 is a true and correct copy of excerpts from the January 28,
`2020 Hearing Transcript.
`
`25.
`Attached as Exhibit 24 is a true and correct copy of excerpts from the July 7, 2020
`Senthil Cheetancheri Deposition Transcript.
`
`26.
`Attached as Exhibit 25 is a true and correct copy of excerpts from the October 29,
`2019 Hearing Transcript.
`
`27.
`Attached as Exhibit 26 is a true and correct copy of the December 29, 2017
`SonicSandbox 2.2 Functional Specification, Version 1 (2017/12/29), bearing bates numbers
`
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`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

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`Case 5:17-cv-04467-BLF Document 320-1 Filed 12/02/20 Page 5 of 7
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`SonicWall-Finjan_00002551 - SonicWall-Finjan_00002561.
`
`28.
`Attached as Exhibit 27 is a true and correct copy of excerpts from the November 2,
`2020 DeForest McDuff, Ph.D. Deposition Transcript.
`
`29.
`Attached as Exhibit 28 is a true and correct copy the July 31, 2020 Plaintiff Finjan
`Inc.’s Third Supplemental Objections and Responses to Defendant SonicWall, Inc.’s First Set of
`Interrogatories (No 6).
`
`30.
`Attached as Exhibit 29 is a true and correct copy of excerpts from the February 26,
`2020 John Garland Deposition Transcript.
`
`31.
`Attached as Exhibit 30 is a true and correct copy of the June 10-11, 2014 Email thread
`between Finjan and Dell bearing bates numbers Finjan-SW 047868 - Finjan-SW 047869.
`
`32.
`Attached as Exhibit 31 is a true and correct copy of November 25, 2014 Introductory
`Licensing Meeting Presentation bearing bates numbers Finjan-SW 047884 - Finjan-SW 047924.
`
`33.
`Attached as Exhibit 32 is a true and correct copy of the September 17, 2014 Email
`between Finjan and Dell bearing bates numbers Finjan-SW 047936 - Finjan-SW 047946.
`
`34.
`Attached as Exhibit 33 is a true and correct copy of the October 12, 2016 Patent
`Licensing Discussions Presentation bearing bates numbers Finjan-SW 047979 - Finjan-SW 048008.
`
`35.
`Attached as Exhibit 34 is a true and correct copy of an email from John Garland of
`Finjan to Mattthew Neiderman of SonicWall attaching a chart of Exemplary Finjan Patents of
`Interest
`to SonicWall bearing bates numbers SonicWall-Finjan_01044809 - SonicWall-
`Finjan_01044812.
`
`36.
`Attached as Exhibit 35 is a true and correct copy of the June 20, 2019 Email from
`Finjan counsel confirming that it is not accusing the Content Filtering Service.
`
`37.
`
`Attached as Exhibit 36 is a true and correct copy of the July 8, 2014 Email between
`4
`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 320-1 Filed 12/02/20 Page 6 of 7
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`Finjan and Dell bearing bates number Finjan-SW 047947 - Finjan-SW 047952.
`
`38.
`Attached as Exhibit 37 is a true and correct copy of the November 1-21, 2016 Email
`thread between Finjan and Dell bearing bates numbers Finjan-SW 047959 - Finjan-SW 047962.
`
`39.
`Attached as Exhibit 38 is a true and correct copy of the June 8, 2017 Patent Licensing
`Discussions Presentation bearing bates numbers FINJAN-SW 146162 - FINJAN-SW 146192
`
`40.
`Attached as Exhibit 39 is a true and correct copy of excerpts from the July 31, 2020
`Brook Chelmo Deposition Transcript.
`
`41.
`Attached as Exhibit 40 is a true and correct copy of excerpts from the November 10,
`2020 Alessandro Orso, Ph.D. Deposition Transcript.
`
`I declare under penalty of perjury under the laws of California and the United States that the
`foregoing is true and correct.
`Executed on December 2, 2020, in Haverford, Pennsylvania.
`
`
`/s/ Jarrad M. Gunther
`Jarrad M. Gunther
`
`
`
`
`
`
`
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`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`CASE NO. 5:17-CV-04467-BLF-VKD
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`Case 5:17-cv-04467-BLF Document 320-1 Filed 12/02/20 Page 7 of 7
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`ATTESTATION
`In accordance with Civil Local Rules 5-1(i)(3), I attest that concurrence in the filing on this
`
`document has been obtained from any other signatory to this document.
`
`
`Dated: December 2, 2020
`
`
`
`Respectfully Submitted,
`
`
`/s/ Nicole E. Grigg
`
`Nicole E. Grigg (formerly Johnson)
`Email: NEGrigg@duanemorris.com
`DUANE MORRIS LLP
`2475 Hanover Street
`Palo Alto, CA 94304-1194
`
`Matthew C. Gaudet (Pro Hac Vice)
`Email: mcgaudet@duanemorris.com
`Robin L. McGrath (Pro Hac Vice)
`Email: rlmcgrath@duanemorris.com
`David C. Dotson (Pro Hac Vice)
`Email: dcdotson@duanemorris.com
`Jennifer H. Forte (Pro Hac Vice)
`Email: jhforte@duanemorris.com
`1075 Peachtree Street, Ste. 2000
`Atlanta, GA 30309
`
`Joseph A. Powers (Pro Hac Vice)
`Email: japowers@duanemorris.com
`Jarrad M. Gunther (Pro Hac Vice)
`Email: jmgunther@duanemorris.com
`30 South 17th Street
`Philadelphia, PA 19103
`
`Attorneys for Defendant
`SONICWALL INC.
`
`
`
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`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S MOTION FOR PARTIAL SUMMARY JUDGMENT
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`