Case 5:17-cv-04467-BLF Document 332-1 Filed 12/22/20 Page 1 of 4
`
`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
`REPLY IN SUPPORT OF ITS MOTION
`TO STRIKE
`
`
`
`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S REPLY IN SUPPORT OF ITS MOTION TO STRIKE
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Case 5:17-cv-04467-BLF Document 332-1 Filed 12/22/20 Page 2 of 4
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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 Reply in support of its Motionto Strike New
`Theories in Finjan, LLC’s Expert Reports. 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.
`Attached as Exhibit 1 is a true and correct copy of email correspondence between
`2.
`counsel for SonicWall, Inc. and counsel for Finjan, Inc. concerning Finjan’s Third Supplemental
`Infringement Contentions. Exhibit 1 was sent by my colleague Robin McGrath after a meet and
`confer on April 2, 2020 between counsel for SonicWall (Robin McGrath, David Dotson, and Jarrad
`Gunther) with James Hannah of the law firm of Kramer Levin Naftalis & Frankel LLP (Finjan’s
`prior counsel in this matter). During the meet and confer, counsel for SonicWall express concern
`that Finjan’s experts would later seek to use Finjan’s earlier infringement contentions to support
`theories Finjan had dropped or amended and therefore asked counsel for Finjan to confirm that the
`Third Supplemental Infringement Contentions were the operative contentions, which Mr. Hannah
`confirmed.
`
`Attached as Exhibit 2 is a true and correct copy of Appendix D-1 (Gateway) from
`3.
`Finjan’s second supplemental infringement contentions served May 31, 2019.
`
`Attached as Exhibit 3 is a true and correct copy of Appendix D-2 (Gateway + Capture
`4.
`ATP) from Finjan’s second supplemental infringement contentions served May 31, 2019.
`
`Attached as Exhibit 4 is a true and correct copy of Appendix D-3 (Capture ATP)
`5.
`from Finjan’s second supplemental infringement contentions served May 31, 2019.
`
`Attached as Exhibit 5 is a true and correct copy of Appendix D-4 (Email + Capture
`6.
`ATP) from Finjan’s second supplemental infringement contentions served May 31, 2019.
`1
`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S REPLY IN SUPPORT OF ITS MOTION TO STRIKE
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

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`Case 5:17-cv-04467-BLF Document 332-1 Filed 12/22/20 Page 3 of 4
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`Attached as Exhibit 6 is a true and correct copy of Appendix D-1 (Gateway) from
`7.
`Finjan’s third supplemental infringement contentions served December 11, 2019.
`
`Attached as Exhibit 7 is a true and correct copy of Appendix D-2 (Gateway + Capture
`8.
`ATP) from Finjan’s third supplemental infringement contentions served December 11, 2019.
`
`Attached as Exhibit 8 is a true and correct copy of Appendix D-3 (Capture ATP)
`9.
`from Finjan’s third supplemental infringement contentions served December 11, 2019.
`
`Attached as Exhibit 9 is a true and correct copy of Appendix D-4 (Email + Capture
`10.
`ATP) from Finjan’s third supplemental infringement contentions served December 11, 2019.
`
`Attached as Exhibit 10 is a true and correct copy of excerpts from the October 22,
`11.
`2020 deposition transcript of Dr. Eric Cole, Ph.D.
`
`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 22, 2020, in Haverford, Pennsylvania.
`
`
`/s/ Jarrad M. Gunther
`Jarrad M. Gunther
`
`
`
`
`
`
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`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S REPLY IN SUPPORT OF ITS MOTION TO STRIKE
`CASE NO. 5:17-CV-04467-BLF-VKD
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`Case 5:17-cv-04467-BLF Document 332-1 Filed 12/22/20 Page 4 of 4
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`Dated: December 22, 2020
`
`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.
`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.
`
`3
`GUNTHER DECLARATION IN SUPPORT OF SONICWALL’S REPLY IN SUPPORT OF ITS MOTION TO STRIKE
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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