Case 3:17-cv-00183-CAB-BGS Document 770 Filed 03/02/20 PageID.38118 Page 1 of 4
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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.
`
`
`NICOLA A. PISANO, CA Bar No. 151282
` NicolaPisano@eversheds-sutherland.com
`JOSE L. PATIÑO, CA Bar No. 149568
`
`JosePatino@eversheds-sutherland.com
`JUSTIN E. GRAY, CA Bar No. 282452
`
`JustinGray@eversheds-sutherland.com
`SCOTT A. PENNER, CA Bar No. 253716
` ScottPenner@eversheds-sutherland.com
`EVERSHEDS SUTHERLAND (US) LLP
`12255 EL CAMINO REAL, SUITE 100
`SAN DIEGO, CALIFORNIA 92130
`TELEPHONE:
`858.252.6502
`FACSIMILE:
`858.252.6503
`Attorneys for Defendants and Counter-
`Plaintiffs
`ESET, LLC and ESET, SPOL. S.R.O.
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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,
`
`
`JOINT [PROPOSED] VOIR DIRE
`QUESTIONS
`
`
`
`
`
`
`
`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.
`
`JOINT [PROPOSED] VOIR DIRE QUESTIONS
`
`3:17-cv-00183-CAB-BGS
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`

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`Case 3:17-cv-00183-CAB-BGS Document 770 Filed 03/02/20 PageID.38119 Page 2 of 4
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`1.
`Good morning, ladies and gentlemen. I am Judge Cathy Ann Bencivengo
`and I will be presiding over the trial in this matter for which a jury is about to be chosen.
`This case is Finjan, Inc. v. ESET, LLC and ESET spol. s.r.o. As I will discuss in more
`detail shortly, this is a patent dispute that relates to systems for protecting computers
`from malware and other malicious software attacks.
`2.
`I am now going to question the prospective jurors concerning their
`qualifications to serve as jurors in this case.
`3.
`In the trial of this case, the parties are entitled to have a fair, unbiased and
`unprejudiced jury. If there is any reason why any of you might be biased or prejudiced
`in any way, you must disclose such reason when you are asked to do so. It is your duty
`to make this disclosure.
`4.
`Have any of you heard of, or have any knowledge of, the facts of events in
`this case?
`5.
`Do any of you believe that a case of this nature should not be brought to
`court for determination by a jury?
`6.
`The parties of this case and their respective attorneys are: Plaintiffs are
`represented by Paul Andre, Lisa Kobialka, James Hannah, Kristopher Kastens, and
`Michael Lee of the law firm of Kramer Levin Naftalis & Frankel LLP. Defendants are
`represented by Nicola Pisano, Jose Patiño, Scott Penner, Justin Gray, and Regis Worley
`of the law firm of Eversheds Sutherland (US) LLP.
`7.
`During the trial of this case, the following witnesses may be called to
`testify on behalf of the parties. These witnesses are: Alexandra Albro, Kevin Arst,
`Yuval Ben-Itzhak, Dr. Harry Bims, Christopher Bono, Thomas Britven, Erik Cabetas,
`Dr. Eric Cole, Marcin Gabryszewski, John Garland, Dr. Michael Goodrich, Aryah
`Goretsky, Dr. Sylvia Hall-Ellis, Philip Hartstein, Dr. Trent Jaeger, Juraj Janosik, Peter
`Kosinar, Peter Kovac, Michal Kovacik, Matej Krizan, David Kroll, Pavel Luka, Juraj
`Malcho, Richard Marko, Dr. Nenad Medvidovic, Jana Michalakova, Dr. Michael
`
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`Case 3:17-cv-00183-CAB-BGS Document 770 Filed 03/02/20 PageID.38120 Page 3 of 4
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`Mitzenmacher, Dr. Alessandro Orso, Robert Pasko, Vladimir Paulen, Viliam Simovic,
`Wojciech Skora, Ivan Somlo, Dr. Eugene Spafford, Brett Stapleton, Patrik Sucansky,
`Juraj Sustek, Roger Thompson, Shlomo Touboul, Jan Vrabec, Peter Vrana, Mateusz
`Wojcik, and Righard Zwienenberg,
`8.
`Have any of you heard of or been otherwise acquainted with, related to,
`done business with, been employed by or had any dealings with any of the parties,
`attorneys or witnesses just named? The parties are not required and might not wish to
`call on these witnesses, and they may later find it necessary to call other witnesses.
`9.
`Do any of you have any belief or feeling toward any of the parties,
`attorneys or witnesses that might be regarded as a bias or prejudice for or against any of
`them? Do you own stock in any of the parties or have any interest, financial or
`otherwise, in the outcome of this case?
`10. Have any of you, or any member of your family or close friends, to your
`knowledge, ever filed an action against anyone or had an action filed against any of you,
`or appeared as a witness, in any civil or criminal case, excluding a domestic relations
`case? (If so, did the matter terminate satisfactorily so far as you were concerned?)
`11.
`It may appear that one or more of the parties, attorneys, or witnesses come
`from a particular national, racial or religious group or may have a life style different
`than your own. Would this in any way affect your judgment or the weight and
`credibility you would give to their testimony?
`12. Have you or any member of your immediate family ever been employed by
`the United States Patent and Trademark Office?
`13. Have you or any member of your immediate family ever applied for, or
`obtained, a United States or foreign patent? If so, in what field? Was the patent issued?
`14. Do you have any opinions about patents, patent rights, or the United States
`Patent and Trademark Office that might make it difficult for you to be a fair and
`impartial juror in this case?
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`Case 3:17-cv-00183-CAB-BGS Document 770 Filed 03/02/20 PageID.38121 Page 4 of 4
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`15. Have any of you, or any member of your family or close friends, had any
`experience or special training in: computer technology, computer security, antivirus
`products, data communications, telecommunications, information technology (“IT”),
`patent prosecution, or patent litigation?
`16. Have any of you, or any member of your family or close friends, ever
`worked for an employer that sells computers or computer security equipment?
`17. To your knowledge, have any of you, or any member of your family or
`close friends, ever used computer security or antivirus products?
`18. This case involves a patent dispute, including issues of patent infringement
`and patent validity. Have any of you, or any member of your family or close friends, to
`your knowledge, been involved in a patent dispute? If so, would that fact affect your
`point of view in this case to the extent that you might not be able to render a completely
`fair and impartial verdict?
`19. Does anyone have strong feelings about monetary damages awards that
`would cause you not to be able to follow the law as I give it to you, such as an
`instruction to not grant monetary damage awards if that is what is warranted under the
`law?
`
`20. Have you served on a jury in a civil or criminal case or as a member of a
`grand jury within the last fifteen years?
`21. Do you know of any reason, or has anything occurred during this question
`period, that might make you doubtful that you would be a completely fair and impartial
`juror in this case? If there is, it is your duty to disclose the reason at this time.
`22.
`Is there any reason, such as poor vision, difficulty hearing, or difficulty
`understanding spoken or written English that would make it difficult for you to serve on
`this jury?
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