Case 5:17-cv-04467-BLF Document 397-1 Filed 03/11/21 Page 1 of 5
`Case 5:17-cv-04467-BLF Document 397-1 Filed 03/11/21 Page 1 of 5
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`EXHIBIT A
`EXHIBIT A
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`Case 5:17-cv-04467-BLF Document 397-1 Filed 03/11/21 Page 2 of 5
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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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`FINJAN LLC, a Delaware Limited Liability
`Company,
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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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`Case No.: 5:17-cv-04467-BLF (VKD)
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`JOINT [PROPOSED] PRELIMINARY
`STATEMENT TO THE JURY AND
`PROPOSED VOIR DIRE QUESTIONS
`FOR THE COURT
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`[PROPOSED] VOIR DIRE QUESTIONS Case No.: 5:17-cv-04467-BLF (VKD)
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`Case 5:17-cv-04467-BLF Document 397-1 Filed 03/11/21 Page 3 of 5
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`JOINT [PROPOSED] PRELIMINARY STATEMENT TO THE JURY
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`Good morning, ladies and gentlemen. I am Judge Beth Labson Freeman and I will be
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`presiding over the trial in this matter for which a jury is about to be chosen. This case is Finjan
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`LLC v. SonicWall, Inc. This case involves a dispute relating to United States Patents. The parties
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`in this case are Plaintiff Finjan LLC (“Finjan” for short) and Defendant SonicWall, Inc.
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`(“SonicWall” for short). For those of you selected to serve as jurors, I will give you more detailed
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`instructions regarding the case once you are sworn-in as jurors and again at the conclusion of the
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`trial. Briefly stated, Finjan accuses SonicWall of patent infringement under the patent laws of the
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`United States of America by making, using, selling, or offering for sale certain computer security
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`systems for detecting malware. SonicWall denies that it infringes any of Finjan’s patents.
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`AGREED-UPON VOIR DIRE QUESTIONS
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`1.
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`Have you or any member of your immediate family ever been employed by Finjan
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`or SonicWall?
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`2.
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`Have you or any member of your family ever had any financial interest in or had a
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`business relationship of any kind with either of these companies?
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`3.
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`Have you or any member of your immediate family ever been employed by the
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`United States Patent and Trademark Office?
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`4.
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`Has anyone ever applied for a patent? If so, in what field? Was the patent awarded
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`to you?
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`5.
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`Do you or any member of your immediate family have specialized knowledge of
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`computer security or antivirus products?
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`6.
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`Have you or someone close to you ever used any computer security or antivirus
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`products?
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`7.
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`Have you ever worked in the fields of computer technology, computer security, data
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`communications, telecommunications, or for any company that sells computers or computer
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`security equipment?
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`Case 5:17-cv-04467-BLF Document 397-1 Filed 03/11/21 Page 4 of 5
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`8.
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`Do you or any member of your immediate family work as an Information
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`Technology (“IT”) professional or technician?
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`9.
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`Have you ever served as a juror in a criminal or a civil case or as a member of a
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`grand jury in either a federal or state court?
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`10.
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`Have you or anyone in your immediate family ever participated in a lawsuit either
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`criminal or civil as a party, such as a plaintiff or defendant, or in any other capacity such as a
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`witness?
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`11.
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`Does anyone have strong feelings about monetary damages awards that would cause
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`you not to be able to follow the law as I give it to you?
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`12.
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`Does anyone have strong negative feelings about corporations that you feel would
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`make you unable to be a fair and impartial juror?
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`13.
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`Does anyone have a religious observance or belief that would make it difficult for
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`you to listen to the evidence and make decisions about whose evidence you believe or do not
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`believe? Does anyone have a feeling that a jury should not be put in the position of having to make
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`those decisions?
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`14.
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`Does the length of this trial or the schedule contemplated by the Court present a
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`special problem to any member of the panel?
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`15.
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`Do you know any of the attorneys involved in the case or, to the best of your
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`knowledge, have you or any of your immediate family had any business dealings with or been
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`employed by any of these attorneys or their respective law firms?
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`16.
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`18.
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`SonicWall?
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`Are you familiar with any of the prospective witnesses?
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`Have you heard or read anything about this case?
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`Have you, or anyone close to you, had any experiences, good or bad, with Finjan or
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`19.
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`Have you or any member of your immediate family ever licensed or used products
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`sold by SonicWall, for example, Capture ATP?
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`[PROPOSED] VOIR DIRE QUESTIONS Case No.: 5:17-cv-04467-BLF (VKD)
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`Case 5:17-cv-04467-BLF Document 397-1 Filed 03/11/21 Page 5 of 5
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`20.
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`Have you or any member of your immediate family ever licensed or used products
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`sold by Finjan, for example, VitalSecurity VPN or Invincibull?
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`21.
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`Do you have any opinions about or experiences with the following companies: M86
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`Security, Trustwave, Singapore Telecom, Finjan, Inc., Dell, or Fortress Investment Group?
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`22.
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`Look around the room at the other potential jury members. Do you recognize any of
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`the other jurors from any encounter before today?
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`23.
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`Have you or someone close to you had any experience with or opinions about the
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`U.S. Patent and Trademark Office?
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`24.
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`25.
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`Do you have any opinions about the U.S. Patent system or U.S. government?
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`Do you have any special disability or problem that would make serving as a member
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`of the jury difficult or impossible?
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`26.
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`27.
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`Are you fluent in English and do you feel you understand my questions?
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`Having heard the questions put to you by the court, does any other reason suggest
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`itself to you as to why you could not sit on this jury and render a fair verdict based on the evidence
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`presented to you and in the context of the Court’s instructions to you on the law?
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