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`PAUL ANDRE (SBN 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (SBN 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (SBN 237978)
`jhannah@kramerlevin.com
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`SAN DIEGO DIVISION
`Case No. 3:17-cv-00183-CAB-BGS
`FINJAN, INC., a Delaware Corporation,
`
`
`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF
`PLAINTIFF FINJAN INC.’S MOTION
`IN LIMINE NO. 5 TO PRECLUDE
`DEFENDANTS’ EXPERTS FROM
`APPLYING THEIR OWN CLAIM
`CONSTRUCTIONS AT TRIAL AND
`MOTION IN LIMINE NO. 6 TO
`PRECLUDE DEFENDANTS’
`EXPERTS FROM RELYING ON
`REDACTED REPORTS FROM
`ANOTHER CASE
`
`Date: May 28, 2019
`Judge: Cathy Ann Bencivengo
`
`PER CHAMBERS RULES, NO ORAL
`ARGUMENT UNLESS ORDERED BY
`THE COURT
`
`Plaintiff,
`
`v.
`
`
`
`
`ESET, LLC, a California Limited
`Liability Corporation, and ESET SPOL.
`S.R.O., a Slovak Republic Corporation,
`
`
`Defendants.
`ESET, LLC, a California Limited
`Liability Corporation, and ESET SPOL.
`S.R.O., a Slovak Republic Corporation,
`
`
`Counterclaim-Plaintiffs,
`
`v.
`
`
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`Counterclaim-Defendant.
`
`KASTENS DECL. IN SUPPORT OF Case No. 3:17-cv-00183-CAB-BGS
`FINJAN’S MOTIONS IN LIMINE NOS. 5 AND 6
`
`
`
`Case 3:17-cv-00183-CAB-BGS Document 754 Filed 02/07/20 PageID.37092 Page 2 of 4
`
`
`I, Kristopher Kastens, declare and state as follow:
`1.
`I am an attorney with the law firm Kramer Levin Naftalis & Frankel LLP,
`counsel for Plaintiff Finjan, Inc. (“Finjan”). I have personal knowledge of the facts
`stated herein and can testify competently to those facts. I make this declaration in
`support of Plaintiff, Finjan, Inc.’s Motion in Limine No. 5 to Preclude Defendants’
`Experts from Applying Their Own Claim Constructions at Trial and Motion in Limine
`No. 6 to Preclude Defendants’ Experts from Relying on Redacted Reports from Another
`Case.
`Attached hereto as Exhibit 1 is a true and correct copy of an email from
`2.
`Mr. Scott Penner, counsel for Defendants, to Mr. Greg Proctor, counsel for Finjan, dated
`December 14, 2018.
`3.
`Attached hereto as Exhibit 2 is a true and correct copy of pages 244, 246,
`273, and 414 from the Expert Rebuttal Report of Eugene H. Spafford, Ph.D. Regarding
`Non-Infringement of the ‘844, ‘780, ‘086, ‘621, and ‘755 Patents, served on February
`15, 2019.
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` I
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` declare under penalty of perjury under the laws of the United States that the
`foregoing is true and correct. Executed on February 7, 2020, in Menlo Park, California.
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`s/ Kristopher Kastens
`Attorneys for Finjan, Inc.
`Email: kkastens@kramerlevin.com
`
`1
`KASTENS DECL. IN SUPPORT OF Case No. 3:17-cv-00183-CAB-BGS
`FINJAN’S MOTIONS IN LIMINE NOS. 5 AND 6
`
`
`
`Case 3:17-cv-00183-CAB-BGS Document 754 Filed 02/07/20 PageID.37093 Page 3 of 4
`
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`ATTESTATION
`Pursuant to Section 2(f)(4) of the Electronic Case Filing Administrative Policies
`and Procedures Manual, I hereby certify that authorization for the electronic signature of
`any other signatory to this document has been obtained.
`
`
`
`
`
`
`s/ Lisa Kobialka
`Lisa Kobialka
`Attorneys for Finjan, Inc.
`Email: lkobialka@kramerlevin.com
`
`2
`KASTENS DECL. IN SUPPORT OF Case No. 3:17-cv-00183-CAB-BGS
`FINJAN’S MOTIONS IN LIMINE NOS. 5 AND 6
`
`
`
`Case 3:17-cv-00183-CAB-BGS Document 754 Filed 02/07/20 PageID.37094 Page 4 of 4
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`3
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