`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`FINJAN LLC., a Delaware Limited Liability
`Company,
`
`Plaintiff,
`
`v.
`
`RAPID7, INC., a Delaware Corporation
`and RAPID7 LLC, a Delaware Limited
`Liability Company,
`
`Defendants.
`
`C.A. No. 1:18-cv-01519-MN
`Jury Trial Demanded
`
`REDACTED VERSION
`(Filed on October 30, 2020)
`
`DECLARATION OF JOHN R. GIBSON IN SUPPORT OF DEFENDANTS RAPID7, INC.
`AND RAPID7 LLC’S MOTION TO EXCLUDE THE OPINIONS AND TESTIMONY OF
`PLAINTIFF’S EXPERTS RUSSELL L. PARR, MICHAEL MITZENMACHER,
`NENAD MEDVIDOVIC, ERIC COLE, AND MICHAEL GOODRICH
`
`I, John R. Gibson, declare and state the following:
`
`1.
`
`My name is John R. Gibson. I provide this declaration in support of Defendants’
`
`Motion to Exclude Finjan’s Experts, Mr. Parr, Dr. Mitzenmacher, Dr. Medvidovic, Dr. Cole, and
`
`Dr. Goodrich. I have personal knowledge of the following based upon my representation of
`
`Rapid7 in this matter and, if called as a witness, I could and would testify competently thereto.
`
`2.
`
`I am a partner at Duane Morris LLP, which represents Rapid7, Inc. and Rapid7
`
`LLC in the above-captioned matter. I am a member of good standing of the State Bar of Georgia
`
`and the Commonwealth of Virginia, and am admitted pro hac vice in the District of Delaware for
`
`this matter.
`
`3.
`
`Attached hereto as Exhibit 1 is excerpts from the Expert Report of Russell L. Parr,
`
`CFA, CLP, dated June 17, 2020.
`
`
`
`Case 1:18-cv-01519-MN Document 212 Filed 10/30/20 Page 2 of 3 PageID #: 7576
`
`4.
`
`Attached hereto as Exhibit 2 is excerpts from the September 11, 2020 deposition of
`
`Russell L. Parr.
`
`5.
`
`Attached hereto as Exhibit 3 is excerpts from the March 20, 2019 deposition of
`
`John Garland. The parties agreed that Mr. Garland’s testimony from Finjan, Inc. v. Cisco Sys.,
`
`Inc., 5:17-cv-00072 (N.D. Cal.) could be used for all relevant purposes in this matter. Mr. Garland
`
`served as Finjan’s corporate representative on various topics, including Finjan’s licensing
`
`practices.
`
`6.
`
`Attached hereto as Exhibit 4 is a true and correct copy of FINNJAN-RPD 433165,
`
`which was also introduced as Exhibit 6 to Mr. Parr’s deposition.
`
`7.
`
`Attached hereto as Exhibit 5 is excerpts from the Expert Report of Michael
`
`Mitzenmacher, Ph.D. Regarding Infringement by Rapid7 of U.S. Patent Nos. 8,141,154,
`
`7,757,289, and 8,225,408, dated June 17, 2020.
`
`8.
`
`Attached hereto as Exhibit 6 is excerpts from the September 21, 2020 deposition of
`
`Dr. Mitzenmacher.
`
`9.
`
`Attached hereto as Exhibit 7 is excerpts from the Rebuttal Expert Report of Michael
`
`T. Goodrich, Ph.D. Regarding Validity of U.S. Patent Nos. 7,613,918; 7,757,289; 7,975,305; and
`
`8,225,408, dated July 31, 2020.
`
`10.
`
`Attached hereto as Exhibit 8 is excerpts from the Expert Report of Dr. Nenad
`
`Medvidovic Regarding Technology Tutorial and Benefits of the Patent, dated June 17, 2002.
`
`11.
`
`Attached hereto as Exhibit 9 is excerpts from the Expert Report of Dr. Eric Cole
`
`Regarding Infringement by Rapid7, Inc. and Rapid LLC of U.S. Patent Nos. 8,677,494, 8,079,086,
`
`7,613,918, and 7,975,305, dated June 17, 2020.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`2
`
`
`
`Case 1:18-cv-01519-MN Document 212 Filed 10/30/20 Page 3 of 3 PageID #: 7577
`
`Dated this 23rd day of October, 2020.
`
`/s/ John R. Gibson .
`John R. Gibson
`
`3
`
`
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