Case 5:17-cv-04467-BLF Document 400 Filed 03/11/21 Page 1 of 3
`
`
`
`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 317591) fryckman@fr.com
`K. Nicole Williams (CA291900) nwilliams@fr.com
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Ste. 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 SBN 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
`
`Attorneys for Plaintiff
`FINJAN LLC
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`(SAN JOSE DIVISION)
`
`FINJAN LLC., a Delaware Limited Liability
`Company,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`SONICWALL, INC., a Delaware Corporation,
`
`
`Defendant.
`
`Case No. 5:17-cv-04467-BLF (VKD)
`
`OMNIBUS DECLARATION OF ROBERT
`COURTNEY IN SUPPORT OF
`PLAINTIFF FINJAN LLC’S
`OPPOSITIONS TO SONICWALL, INC.’S
`MOTIONS IN LIMINE NOS. 1-5
`
`Date: March 18, 2021
`Time:
`1:30 PM
` Hon. Beth Labson Freeman
` Ctrm: 3, 5th Floor
`
`
`
`
`Case No. 17-cv-04467-BLF (VKD)
`OMNIBUS DECLARATION OF ROBERT COURTNEY IN SUPPORT
`OF FINJAN’S OPPOSITION TO MOTIONS IN LIMINE NOS. 1-5
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`Case 5:17-cv-04467-BLF Document 400 Filed 03/11/21 Page 2 of 3
`
`
`
`
`
`I, Robert Courtney, hereby declare and state as follows:
`
`1.
`
`I am a principal in the law firm of Fish & Richardson P.C., counsel of record for
`
`Plaintiff Finjan LLC in the above-captioned matter. I have personal knowledge of all the facts
`
`contained herein and, if called as a witness, I could and would testify competently thereto.
`
`2.
`
`Attached as Exhibit A are true and correct copies of excerpts from the Expert Report
`
`of DeForest McDuff, Ph.D. dated September 4, 2020.
`
`3.
`
`Attached as Exhibit B are true and correct copies of excerpts from the 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 dated September 3, 2020.
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`4.
`
`Attached as Exhibit C are true and correct copies of excerpts from the Expert
`
`11
`
`Report of Michael Mitzenmacher, Ph.D. Regarding Infringement by SonicWall, Inc. of Patent
`
`12
`
`Nos. 6,804,780; 6,965,968 and 7,613,926 dated September 3, 2020.
`
`13
`
`5.
`
`Attached as Exhibit D are true and correct copies of excerpts from the Expert
`
`14
`
`Report of Dr. Nenad Medvidovic Regarding Infringement by SonicWall, Inc. of Patent Nos.
`
`15
`
`8,225,408; 7,975,305 and 8,141,154 dated September 3, 2020.
`
`16
`
`6.
`
`Attached as Exhibit E are true and correct copies of excerpts from the deposition
`
`17
`
`transcript of DeForest McDuff, Ph.D. taken November 2, 2020.
`
`18
`
`7.
`
`Attached as Exhibit F are true and correct copies of excerpts from the Expert
`
`19
`
`Report of Dr. Aaron Striegel dated September 3, 2020.
`
`20
`
`8.
`
`Attached as Exhibit G are true and correct copies of excerpts from the deposition
`
`21
`
`transcript of Aaron Striegel, Ph.D. taken November 3, 2020.
`
`22
`
`9.
`
`Attached as Exhibit H are true and correct copies of excerpts from Exhibit 4, the
`
`23
`
`2018 SonicWall Cyber Threat Report (FINJAN-SW 433167-FINJAN-SW 433191), to
`
`24
`
`25
`
`Dr. DeForest McDuff’s deposition taken November 2, 2020.
`
`
`
`Case No. 17-cv-04467-BLF (VKD)
`1
`OMNIBUS DECLARATION OF ROBERT COURTNEY IN SUPPORT
`OF FINJAN’S OPPOSITION TO MOTIONS IN LIMINE NOS. 1-5
`
`

`

`Case 5:17-cv-04467-BLF Document 400 Filed 03/11/21 Page 3 of 3
`
`
`
`
`
`10.
`
`Attached as Exhibit I are true and correct copies of excerpts from the 2019
`
`SonicWall Cyber Threat Report (FINJAN-SW 433192-433226).
`
`11.
`
`Attached as Exhibit J are true and correct copies of excerpts from the Expert Report
`
`of Dr. Kevin Almeroth on Invalidity of U.S. Patent Nos. 6,154,844 and 8,141,154 dated
`
`September 4, 2020.
`
`12.
`
`Attached as Exhibit K are true and correct copies of excerpts from the Expert
`
`Report of Dr. Patrick McDaniel Regarding the Invalidity of the ‘494 and ‘780 Patents dated
`
`September 4, 2020.
`
`13.
`
`Attached as Exhibit L are true and correct copies of excerpts from the Rebuttal
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`Expert Report of Dr. Patrick McDaniel Regarding Non-Infringement of U.S. Patent Nos.
`
`11
`
`6,804,780 and 8,677,494 dated October 9, 2020.
`
`12
`
`14.
`
`Attached as Exhibit M are true and correct copies of excerpts from the Decision
`
`13
`
`Denying Institution of Inter Partes Review in Cisco Systems, Inc. v. Finjan, Inc., Case No.
`
`14
`
`IPR2017-02155, Paper No. 11, dated April 3, 2018.
`
`15
`
`15.
`
`Attached as Exhibit N are true and correct copies of excerpts from Defendant
`
`16
`
`Sophos Inc.’s Daubert Motion to Exclude Certain Opinions of Finjan’s Expert Witnesses and
`
`17
`
`Motions In Limine dated July 25, 2016.
`
`18
`
`16.
`
`Attached as Exhibit O are true and correct copies of excerpts from the Expert
`
`19
`
`Report of Stephen L. Becker, Ph.D. on Behalf of Defendant dated October 9, 2020.
`
`20
`
`I declare under the penalty of perjury of the laws of the United States of America that the
`
`21
`
`foregoing is true and correct. Executed on March 11, 2021, in Plymouth, MN.
`
`22
`
`23
`
`24
`
`25
`
`
`
`
`
`
`
`By:
`
`
`/s/ Robert Courtney
`Robert Courtney
`
`Case No. 17-cv-04467-BLF (VKD)
`2
`OMNIBUS DECLARATION OF ROBERT COURTNEY IN SUPPORT
`OF FINJAN’S OPPOSITION TO MOTIONS IN LIMINE NOS. 1-5
`
`