Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 1 of 8
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`APPENDIX B
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`SonicWall’s Witness List
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`APPENDIX B
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`SonicWall’s Witness List
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`Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 2 of 8
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`DEFENDANT SONICWALL, INC.’S WITNESS LIST
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`United States District Court for the Northern District of California
`(San Jose Division)
`
`Finjan LLC v. SonicWall, Inc.
`
`Case No. 5:17-cv-04467-BLF
`
`Trial Date – May 3, 2021
`
`Pursuant to Rule 26(a)(3)(A)(i) of the Federal Rules of Civil Procedure, Judge Freeman’s
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`Standing Order Regarding Civil Jury Trials, and the parties’ agreed schedule for pre-trial
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`exchanges, Defendant SonicWall, Inc. (“SonicWall”) hereby discloses the following witnesses for
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`the trial of this matter. These disclosures are made, in part, based on the Order Approving the
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`Stipulation Regarding Prior Depositions (Dkt. No. 236) and based on information that is
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`reasonably available to SonicWall at this time and at this stage of the proceedings. Further
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`investigation and analysis may yield additional information regarding witnesses for this matter.
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`As additional information becomes available, SonicWall reserves the right to supplement, revise,
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`correct, clarify, or otherwise amend these disclosures.
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`These disclosures are made without waiver of and without prejudice to any objections
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`SonicWall may have regarding the subject matter of these disclosures or individuals identified
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`herein. SonicWall reserves all such objections. Further, SonicWall disagrees with Finjan’s
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`objections to SonicWall’s witness list and believes it has properly identified Messrs. Noonan,
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`Daar, and Hawkes.
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`FINJAN’S OBJECTIONS TO SONICWALL’S MAY CALL WITNESS LIST
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`Finjan objects to SonicWall presenting deposition testimony from Michael Noonan, under
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`Fed. R. Evid. 801–802 and Fed. R. Civ. P. 32. Mr. Noonan was not deposed in this matter. To
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`the extent SonicWall seeks to present Mr. Noonan’s testimony from the Finjan v. Cisco case, the
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`Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 3 of 8
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`parties have expressly stipulated to permit certain deposition testimony from that case to be used
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`in this matter (Dkt. 235), but that stipulation does not include Mr. Noonan’s testimony.
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`Finjan objects to SonicWall presenting testimony from Evan Daar under Fed. R. Civ. P.
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`26(a) and 37(c). SonicWall failed to disclose Mr. Daar as a potential witness in its initial
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`disclosures in this matter.
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`Finjan objects to SonicWall presenting testimony from Eric Hawkes under Fed. R. Civ. P.
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`26(a) and 37(c). SonicWall failed to disclose Mr. Hawkes as a potential witness in its initial
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`disclosures in this matter.
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`Finjan further objects to SonicWall’s presentation of deposition testimony from other
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`witnesses to the extent it is unable to show that such deposition testimony is admissible under Fed.
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`R. Civ. P. 32 and/or Fed. R. Evid. 804.
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`Finjan reserves all objections to the substance of the witnesses’ testimony.
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`WITNESSES SONICWALL EXPECTS TO CALL
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`SonicWall presently expects to present the following witnesses at the trial of this matter,
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`subject to SonicWall’s rights to modify this list according to the developments in the case, rulings
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`of the Court, and in response to Finjan’s case in chief. The estimated length of each witness’s
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`testimony will depend on the circumstances of the case; therefore, SonicWall reserves the right to
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`modify the estimated lengths as necessary.
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`3
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`Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 4 of 8
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`No.
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`Witness
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`Substance of Trial Testimony
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`1. Kevin Almeroth Dr. Almeroth is an expert retained
`by Defendant. He will testify on
`the matters disclosed in his expert
`reports, including non-
`infringement, invalidity, and
`incremental value of the ’844 and
`’154 patents. Dr. Almeroth will
`further rebut the opinions of the
`infringement experts retained by
`Finjan.
`
`2. Stephen Becker Dr. Becker is an expert retained by
`Defendant. He will testify on the
`matters disclosed in his expert
`report, including a reasonable
`royalty for the patents-in-suit,
`assuming they are valid and
`infringed. Dr. Becker will further
`rebut the opinions of the damages
`experts retained by Finjan, Dr.
`DeForest McDuff and Dr. Aaron
`Striegel.
`
`3. Sylvia Hall-Ellis Dr. Hall-Ellis is an expert retained
`by Defendant. She will testify on
`the matters disclosed her expert
`reports, including public
`accessibility of certain prior art
`references. Dr. Hall-Ellis will
`further rebut the opinions of the
`validity experts retained by Finjan
`concerning public accessibility of
`certain prior art references.
`
`Estimated
`Length/Cross
`
`Manner of
`Presentation
`
`2-2.5 hours /
`Cross – 1.5
`hours
`
`Live
`
`1-1.5 hrs. /
`Cross – 45
`minutes
`
`Live
`
`10-15 minutes
`/ Cross – 10
`minutes
`
`Live
`
`
`
`4
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`
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`Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 5 of 8
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`No.
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`Witness
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`Substance of Trial Testimony
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`4. Patrick
`McDaniel
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`5. Avi Rubin
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`Dr. McDaniel is an expert retained
`by Defendant. He will testify on
`the matters disclosed in his expert
`reports, including non-
`infringement, invalidity, and
`incremental value of the ’494 and
`’780 patents. Dr. McDaniel will
`further rebut the opinions of the
`infringement experts retained by
`Finjan.
`
`Dr. Rubin is an expert retained by
`Defendant. He will testify on the
`matters disclosed in his expert
`reports, including non-
`infringement, invalidity, and
`incremental value of the ’408,
`’305, ’926 and ’968 patents. Dr.
`Rubin will further rebut the
`opinions of the infringement
`experts retained by Finjan.
`
`Estimated
`Length/Cross
`
`Manner of
`Presentation
`
`2-2.5 hours /
`Cross – 1.5
`hours
`
`Live
`
`3-3.5 hours /
`Cross – 2
`hours
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`Live
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`
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`5
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`Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 6 of 8
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`WITNESSES SONICWALL MAY CALL
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`SonicWall may call the following witnesses at the trial of this matter, subject to
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`SonicWall’s rights to modify this list according to the developments in the case, rulings of the
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`Court, and in response to Finjan’s case in chief. The estimated length of each witness’s testimony
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`will depend on the circumstances of the case; therefore, SonicWall reserves the right to modify the
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`estimated lengths as necessary.
`
`No.
`
`Witness
`
`Substance of Trial Testimony
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`1. Dmitriy
`Ayrapetov
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`Operation of the accused products
`and
`interaction with
`other
`systems/components; SonicWall’s
`product marketing, management,
`and
`strategy;
`overview
`of
`SonicWall and its business.
`
`Estimated
`Length/Cross
`
`Manner of
`Presentation
`
`45-60 minutes
`/ Cross – 20
`minutes
`
`Live or
`deposition
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`2. Graham
`Carter
`
`Financials of the accused products 10-15 minutes
`/ Cross – 10
`minutes
`
`Live or
`deposition
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`3. Senthil
`Cheetancheri
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`Operation of the accused products
`and
`interaction with
`other
`systems/components
`
`20-30 minutes
`/ Cross – 15
`minutes
`
`Live or
`deposition
`
`4. Brook
`Chelmo
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`Marketing of the accused products 10-15 minutes
`/ Cross – 5
`minutes
`
`Live or
`deposition
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`5. Ravi Chopra Financials of the accused products
`and financial strategy of SonicWall
`
`10-15 minutes
`/ Cross – 5
`minutes
`
`Live or
`deposition
`
`6. Alex
`Dubrovsky
`
`Operation of the accused products
`and
`interaction with
`other
`systems/components
`
`20-30 minutes
`/ Cross – 10
`minutes
`
`Live or
`deposition
`
`
`
`6
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`
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`Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 7 of 8
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`No.
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`Witness
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`Substance of Trial Testimony
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`7.
`
`John
`Gmuender
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`Operation of the accused products
`and
`interaction with
`other
`systems/components; SonicWall’s
`review of patents; overview of
`SonicWall and its business.
`
`Estimated
`Length/Cross
`
`Manner of
`Presentation
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`45-60 minutes
`/ Cross – 30
`minutes
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`Live or
`deposition
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`8. Michael King Operation of the accused products
`and
`interaction with
`other
`systems/components
`
`10-15 minutes
`/ Cross – 5
`minutes
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`Live or
`deposition
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`9. Matt
`Neiderman
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`presuit
`SonicWall/Finjan
`SonicWall’s
`communications;
`licensing policies and practices;
`SonicWall’s review of patents;
`overview of SonicWall and its
`business.
`
`30-45 minutes
`/ Cross – 20
`minutes
`
`Live or
`deposition
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`10. Shunhui Zhu Operation of the accused products
`and
`interaction with
`other
`systems/components
`
`10-15 minutes
`/ Cross – 5
`minutes
`
`Live or
`deposition
`
`11.
`
`John
`Gordineer
`
`Marketing of the accused products
`and marketing
`strategy
`of
`SonicWall
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`5-10 minutes /
`Cross – 5
`minutes
`
`Live or
`deposition
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`12. Eric Hawkes Operation of the accused products
`and
`interaction with
`other
`systems/components
`
`5-10 minutes /
`Cross – 5
`minutes
`
`Live or
`deposition
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`13. Evan Daar
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`14. Yuval Ben-
`Itzhak
`
`Francisco Partners’ acquisition of
`Dell Software Group and creation
`of SonicWall, Inc.
`
`5-10 minutes /
`Cross – 5
`minutes
`
`Live or
`deposition
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`intellectual
`history,
`Finjan’s
`product
`research,
`property,
`development, litigation, and his
`past and current relationships with
`Finjan.
`
`20-30 minutes
`/ Cross – 10
`minutes
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`Live or
`deposition
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`15. Daniel Chinn
`
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`business
`history,
`Finjan’s
`operations, litigation, and licensing
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`30 minutes /
`Cross – 10
`minutes
`
`Deposition
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`
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`7
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`Case 5:17-cv-04467-BLF Document 372-2 Filed 03/04/21 Page 8 of 8
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`No.
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`Witness
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`Substance of Trial Testimony
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`Estimated
`Length/Cross
`
`Manner of
`Presentation
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`16.
`
`licensing
`John Garland Finjan’s
`history
`and
`communications,
`practices, and interactions with
`SonicWall
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`20-30 minutes
`/ Cross – 10
`minutes
`
`Deposition
`
`17. Philip
`Hartstein
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`property;
`intellectual
`Finjan’s
`business
`history;
`litigation
`and
`strategy;
`and
`operations
`licensing communications, history
`and practices
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`15-20 minutes
`/ Cross – 10
`minutes
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`Deposition
`
`18. David Kroll
`
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`property,
`intellectual
`Finjan
`research, and product development
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`19.
`
`Julie Mar-
`Spinola
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`property,
`intellectual
`Finjan’s
`business operations, products, and
`strategy; litigation history; Finjan
`licensing communications, history,
`and practices
`
`5-10 minutes /
`Cross – 5
`minutes
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`15-20 minutes
`/ Cross – 5
`minutes
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`Deposition
`
`Deposition
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`20. Michael
`Noonan
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`Finjan business operations and
`strategy,
`including
`Finjan
`financials
`
`10-15 minutes
`/ Cross – 5
`minutes
`
`Deposition
`
`business
`history,
`21. Asher Polani Finjan’s
`operations and strategy, intellectual
`property, and products, and his past
`and current
`relationships with
`Finjan.
`
`20-30 minutes
`/ Cross – 10
`minutes
`
`Deposition
`
`22. Shlomo
`Touboul
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`founding and business
`Finjan
`operations, strategy, and litigation;
`Finjan’s history, Finjan intellectual
`property, research, and product
`development; and his past and
`current relationships with Finjan.
`
`25-35 minutes
`/ Cross – 10
`minutes
`
`Deposition
`
`In addition to the witnesses identified above, SonicWall reserves the right to call any
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`witness identified on Finjan’s witness list. SonicWall also reserves the right to add additional
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`rebuttal witnesses depending on the nature of Finjan’s case in chief.
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`
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`8
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`
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