PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 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.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`FINJAN, INC., a Delaware Corporation,
`Case No.: 14-cv-01353 EDL
`
`PLAINTIFF FINJAN, INC.’S DISCLOSURE
`OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS AND
`DOCUMENT PRODUCTION
`ACCOMPANYING DISCLOSURE
`PURSUANT TO PATENT L.R. 3-1 AND 3-2
`
`
`
`
`
`
`
`
`Defendant.
`
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`WEBSENSE, INC., a Delaware Corporation,
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`Patent Owner Finjan, Inc. - Ex. 2013, p. 1
`
`

`
`
`
`Pursuant to Patent Local Rules 3-1 and 3-2 of the United States District Court for the Northern
`
`District of California, Plaintiff Finjan, Inc. (“Finjan”) makes the following Disclosure of Asserted
`
`Claims and Infringement Contentions and Document Production Accompanying Disclosure, including
`
`the attached claim chart (the “Disclosure”) to Websense, Inc. (“Websense” or “Defendant”).
`
`Finjan makes this Disclosure based upon information presently known and reasonably available
`
`to it as of this date. Because Finjan’s investigations are ongoing, and because Websense has yet to
`
`produce any documents in this litigation, Finjan’s contentions are necessarily provisional, and
`
`accordingly reserves the right to amend, modify, supplement, or narrow any portion of this Disclosure,
`
`including, but not limited to, the identification of the claims infringed by Defendants, the products
`
`and/or services accused of infringement and the bases and manner of infringement described in this
`
`Disclosure. Furthermore, Finjan reserves the right to supplement this Disclosure as necessary and in
`
`accordance with the Federal Rules of Civil Procedure and this Court’s Local Rules, including Patent
`
`Local Rule 3-6, in light of future document production, interrogatory responses, admissions,
`
`disclosures, fact witness testimony, expert discovery, other additional discovery, future rulings from
`
`the Court (including claim construction), any amendments to the pleadings, any additional items of
`
`evidence, and/or for any other reason authorized by statute, rule, or applicable case law. Finjan further
`
`reserves the right to supplement this Disclosure in light of Defendants’ contentions, including
`
`Defendants’ identification of which claim elements it contends are not present in Defendants’ products
`
`and/or services, and the bases for any such contentions. Finjan further reserves the right to rely upon
`
`the opinions of one or more experts in support of its infringement contentions in accordance with the
`
`Court’s scheduling order.
`
`To the maximum degree allowed by the Federal Rules of Civil Procedure and the Court’s
`
`Local Rules, Finjan reserves its right to supplement, amend, modify and/or narrow this Disclosure as
`
`the extent of infringement becomes more fully known, the Court makes any relevant rulings (including
`
`claim construction), and the case develops over the course of discovery.
`
`1
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
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`Patent Owner Finjan, Inc. - Ex. 2013, p. 2
`
`

`
`
`
`
`
`I.
`
`
`PATENT L.R. 3-1: DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS.
`
`
`
`A.
`
`Identification Of Asserted Claims And Applicable Subsections Of 35 U.S.C.
`§ 271.
`
`Based on the information presently known to Finjan, and without the benefit of relevant
`
`discovery or the Court’s claim construction, Finjan provides the following provisional contentions
`
`pursuant to Patent Local Rule 3-1(a):
`
`Defendant has infringed and continues to infringe claims 1, 2, 5-7, 9-11, 14-16, and 18 of U.S.
`
`Patent No. 8,677,494 (“the ‘494 Patent) (the “Asserted Claims”). Defendant has directly infringed and
`
`continues to directly infringe the Asserted Claims pursuant to 35 U.S.C. § 271(a). Additionally,
`
`Defendant has induced infringement and continues to induce infringement of claims 1, 2, 5-7, and 9 of
`
`the ‘494 Patent, pursuant to 35 U.S.C. § 271(b).
`
`Due to the early stage of this litigation, the lack of discovery to date (including discovery
`
`concerning Defendant’s products and services, and actions taken with respect to its products and
`
`services), and the absence of a claim construction order, the above identification is necessarily limited
`
`and preliminary in nature. Accordingly, Finjan reserves the right to amend, modify, supplement, or
`
`narrow these contentions pursuant to Patent Local Rule 3-6, including identifying additional asserted
`
`claims, as it obtains additional information over the course of discovery and in light of the Court’s
`
`claim construction order.
`
`
`
`B.
`
`Identification Of Accused Instrumentalities.
`
`Based on the information presently known to Finjan, and without the benefit of relevant
`
`discovery or the Court’s claim construction, Finjan provides the following contentions pursuant to
`
`Patent Local Rule 3-1(b):
`
`Finjan presently accuses at least (without limitation) the following of Defendant’s products
`
`and/or services of infringing claims 1, 2, 5-7, 9-11, 14-16, and 18 of the ‘494 Patent: TRITON
`
`Products, Web Security Gateway Products, Data Security Products, the CyberSecurity Intelligence
`
`2
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
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`Patent Owner Finjan, Inc. - Ex. 2013, p. 3
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`

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`(“CSI”) Service and ThreatSeeker Intelligence Cloud Service, identified in the attached Appendix D
`
`(“Accused Instrumentalities of the ‘494 Patent”)
`
`Finjan further asserts that at least the products and/or services identified as Accused
`
`Instrumentalities in the exhibits identified at Section I(C) below, and incorporated herein by reference,
`
`infringe one or more Asserted Claims as specified in those exhibits.
`
`Due to the early stage of this litigation, the lack of discovery to date (including discovery
`
`concerning Defendant’s products and services), and the absence of a claim construction order, the
`
`above identification is necessarily limited and preliminary in nature. Finjan anticipates that discovery
`
`will reveal additional Accused Instrumentalities, products, features and/or services that infringe the
`
`‘494 Patent. Finjan reserves the right to amend, modify, supplement, or narrow these contentions
`
`pursuant to Patent Local Rule 3-6, including identifying additional Accused Instrumentalities,
`
`products, features and/or services, as it obtains additional information over the course of discovery and
`
`in light of the Court’s claim construction order.
`
`
`
`
`C.
`
`
`Claim Charts Identifying Claim Elements Present In Accused
`Instrumentalities.
`
`
`
`Based on the information presently known to Finjan, and without the benefit of relevant
`
`discovery or the Court’s claim construction, Finjan provides the following appendix pursuant to Patent
`
`Local Rule 3-1(c): the attached Appendix A (which shows how the Accused Instrumentalities of the
`
`‘494 Patent and other products/services infringe each of the asserted claims of the ‘494 Patent)
`
`(“Appendix”).
`
`The Appendix is incorporated by reference as if fully set forth herein. The Appendix is
`
`exemplary and not limiting, and address the Asserted Claims without the benefit of full discovery.
`
`Any citations included in the Appendix is exemplary only and is not limiting. In the attached
`
`Appendix, Finjan has subdivided each Asserted Claim to explain where the respective Accused
`
`Instrumentalities and other products/services meet each claim element. The subdivisions in the
`
`Appendix is not to be taken as an indication of the boundaries of claim elements with respect to
`
`3
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 4
`
`

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`doctrine of equivalents, or any other issue. Additionally, the Accused Instrumentalities and
`
`Defendant’s other products/services may infringe the Asserted Claims in multiple ways. Finjan
`
`reserves the right to provide an alternative claim mapping or infringement contentions for such
`
`Accused Instrumentalities or other products and/or services. Finjan further reserves the right to rely
`
`upon the opinions of one or more experts in support of its infringement contentions in accordance with
`
`the Court’s scheduling order.
`
`Due to the early stage of this litigation, the lack of discovery to date (including discovery
`
`concerning Defendant’s products and services), and the absence of a claim construction order, the
`
`above disclosures, including the Appendix itself, is necessarily limited and preliminary in nature.
`
`Finjan reserves the right to amend, modify, supplement, or narrow these contentions pursuant to Patent
`
`Local Rule 3-6, including providing additional bases of infringement, as it obtains additional
`
`information over the course of discovery and in light of the Court’s claim construction order.
`
`
`
`
`D.
`
`
`Identification Of Direct Infringement Underlying Allegations Of Indirect
`Infringement And Description Of Acts Of Indirect Infringement.
`
`
`
`Based on the information presently known to Finjan, and without the benefit of relevant
`
`discovery or the Court’s claim construction, Finjan provides the following contentions pursuant to
`
`Patent Local Rule 3-1(d):
`
`Defendant induces infringement of claims 1, 2, 5-7, and 9 of the ‘494 Patent pursuant to 35
`
`U.S.C. § 271(b), by taking active steps to cause infringement of claims 1, 2, 5-7, and 9 of the ‘494
`
`Patent, pursuant to 35 U.S.C. § 271(b), with both knowledge of the ‘494 Patent and the specific intent
`
`to cause, instruct, direct and/or require third parties, including its customers, subscribers, users and
`
`developers, to use TRITON Products, Web Security Gateway Products, Data Security Products, the
`
`CyberSecurity Intelligence (“CSI”) Service and ThreatSeeker Intelligence Cloud Service in a manner
`
`that infringes claims 1, 2, 5-7, and 9 of the ‘494 Patent. Such steps include, but is not limited to,
`
`advising third parties to use TRITON Products, Web Security Gateway Products, Data Security
`
`Products, the CyberSecurity Intelligence (“CSI”) Service and ThreatSeeker Intelligence Cloud Service
`
`4
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 5
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`in an infringing manner; providing a mechanism through which third parties may infringe the patent,
`
`specifically through the use of TRITON Products, Web Security Gateway Products, Data Security
`
`Products, the CyberSecurity Intelligence (“CSI”) Service and ThreatSeeker Intelligence Cloud Service;
`
`requiring third parties to agree to its terms and conditions; advertising and promoting the use of
`
`TRITON Products, Web Security Gateway Products, Data Security Products, the CyberSecurity
`
`Intelligence (“CSI”) Service and ThreatSeeker Intelligence Cloud Service in an infringing manner; and
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`distributing guidelines and instructions to third parties on how to use TRITON Products, Web Security
`
`Gateway Products, Data Security Products, the CyberSecurity Intelligence (“CSI”) Service and
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`ThreatSeeker Intelligence Cloud Service in an infringing manner. The publicly available materials
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`referenced in Appendix A, the documents produced in conjunction with the service of these
`
`disclosures, the documents previously produced, and identified by bates production numbers FINJAN-
`
`WS 002540, FINJAN-WS 001992-2539, FINJAN-WS 001971-75, FINJAN-WS 001968, FINJAN-WS
`
`001952-53, FINJAN-WS 002541-42, FINJAN-WS 001956-57, FINJAN-WS 001943-47, FINJAN-WS
`
`002543, FINJAN-WS 002544-45, FINJAN-WS 002546-47, and FINJAN-WS 002548-49 are non-
`
`limiting examples of materials provided to third parties that show how Defendant intends, instructs,
`
`directs and/or requires third parties to use TRITON Products, Web Security Gateway Products, Data
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`Security Products, the CyberSecurity Intelligence (“CSI”) Service and ThreatSeeker Intelligence Cloud
`
`Service in a manner that infringes the claims identified above.
`
`Moreover, Defendant has had knowledge of the ‘494 Patent since at least as of the time it
`
`learned of this action for patent infringement, which was filed on March 24, 2014. Websense also had
`
`prior knowledge of the ‘494 Patent, when Websense counsel was informed of its existence by e-mail
`
`on March 17, 2014.
`
`Due to the early stage of this litigation, the lack of discovery to date (including discovery
`
`concerning Defendant’s products and services, and actions taken with respect to its products and
`
`services), and the absence of a claim construction order, the above disclosures, including the Appendix
`
`itself, is necessarily limited and preliminary in nature. Finjan reserves the right to amend, modify,
`
`5
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 6
`
`

`
`
`
`supplement, or narrow these contentions pursuant to Patent Local Rule 3-6, including providing
`
`additional manners of infringement, as it obtains additional information over the course of discovery
`
`and in light of the Court’s claim construction order.
`
`
`
`
`E.
`
`
`Identification Of Elements Present Literally And Present Under The
`Doctrine Of Equivalents.
`
`
`
`Based on the information presently known to Finjan, and without the benefit of relevant
`
`discovery or the Court’s claim construction, Finjan provides the following contentions pursuant to
`
`Patent Local Rule 3-1(e):
`
`The Accused Instrumentalities and/or other Defendant products/services literally meet each
`
`Asserted Claim. At present, Finjan knows of no elements of the Asserted Claims where the doctrine of
`
`equivalents would change the infringement analysis set forth in the attached infringement claim charts.
`
`Regardless, Finjan also contends that the Accused Instrumentalities and/or other Defendant
`
`products/services meet each of the Asserted Claims under the doctrine of equivalents. Specifically, to
`
`the extent a claim element is not met literally, it is met under the doctrine of equivalents because the
`
`corresponding feature(s) of the Accused Instrumentalities and/or other Defendant products/services,
`
`performs substantially the same function, in substantially the same way, to achieve substantially the
`
`same result as the claim element. To the extent that any differences are alleged to exist between any
`
`element of the Asserted Claims and the corresponding feature(s) of Defendant’s Accused
`
`Instrumentalities or other products and/or services, such differences are insubstantial.
`
`Should Defendant contend that any element or limitation of the Asserted Claims is absent in an
`
`Accused Instrumentality and/or Defendant’s products/services, Finjan reserves the right to demonstrate
`
`that the allegedly missing element or limitation is present in the Accused Instrumentality and/or
`
`Defendant’s products/services under the doctrine of equivalents. Finjan further reserves the right to
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`rely upon the opinions of one or more experts in support of its infringement contentions in accordance
`
`with the Court’s scheduling order.
`
`6
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
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`Patent Owner Finjan, Inc. - Ex. 2013, p. 7
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`

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`Due to the early stage of this litigation, the lack of discovery to date (including discovery
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`concerning Defendant’s products and services, e.g., non-public information concerning the function
`
`and operation of Defendant’s products and services), and the absence of a claim construction order, the
`
`above disclosure is necessarily limited and preliminary in nature. Finjan reserves the right to amend,
`
`modify, supplement, or narrow these contentions pursuant to Patent Local Rule 3-6, including
`
`providing additional bases of infringement, and/or applying the doctrine of equivalents to additional
`
`claim elements, as it obtains additional information over the course of discovery and in light of the
`
`Court’s claim construction order.
`
`
`
`F.
`
`Identification Of Priority Dates.
`
`Based on the information presently known to Finjan and Finjan’s present understanding, Finjan
`
`provides the following contentions pursuant to Patent Local Rule 3-1(f):
`
`Because Patent Local Rule 3-1(f) requires disclosure of the claimed priority date and not the
`
`conception or reduction to practice date, Finjan distinguishes between “priority date” and “invention
`
`date.”
`
`Finjan alleges that each of the asserted claims of the ‘494 Patent is entitled to the priority date
`
`of November 8, 1996.
`
`Finjan reserves the right to amend, modify, supplement, or narrow these contentions pursuant
`
`to Patent Local Rule 3-6.
`
`
`
`G.
`
`Practice Of The Claimed Invention By Finjan.
`
`Based on the information presently known to Finjan and Finjan’s present understanding, Finjan
`
`does not make a contention pursuant to Patent Local Rule 3-1(g):
`
`Finjan reserves the right to amend, modify, supplement, or narrow these contentions pursuant
`
`to Patent Local Rule 3-6.
`
`
`
`H. Willful Infringement.
`
`
`
`Based on the information presently known to Finjan, and without the benefit of discovery from
`
`Defendant, Finjan provides the following contentions pursuant to Patent Local Rule 3-1(h):
`7
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 8
`
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`Finjan contends that Defendant has willfully infringed the ‘494 Patent at least as of the time it
`
`learned of this action for infringement, which was filed on March 24, 2014. Finjan also contends that
`
`Defendant has willfully infringed the ‘494 Patent at least as of March 18, 2014. Despite the foregoing
`
`knowledge, Defendants have continued to proceed with their infringing conduct despite the high
`
`likelihood that their actions constituted infringement.
`
`At all times when Defendant was aware of the ‘494 Patent, on information and belief,
`
`Defendant undertook no efforts to design its products/services around the ‘494 Patent to avoid
`
`infringement despite Defendant’s knowledge and understanding that its products/services infringe this
`
`patent. As such, Defendant proceeded with the infringing conduct with knowledge of the ‘494 Patent.
`
`Moreover, Defendant proceeded in the face of an unjustifiably high risk that it was infringing valid and
`
`enforceable claims of the ‘494 Patent.
`
`Moreover, Defendant cannot formulate a credible defense to infringement based on breadth of
`
`the Asserted Claims. Because Defendant is very familiar with the features and operation of the
`
`Accused Instrumentalities of the ‘494 Patent and Defendants’ other products/services, Defendant is
`
`aware that each and every element of each Asserted Claim is present in the Accused Instrumentalities
`
`of the ‘494 Patent and Defendants’ other products/services. Given the facts and circumstances
`
`available prior to and during Defendants’ infringing actions, a reasonable person in Defendants’
`
`position would have appreciated a high likelihood that acting in Defendants’ manner would infringe
`
`the ‘494 Patent. Furthermore, Defendant has known or should have known that its actions constitute
`
`an unjustifiably high risk of infringing the ‘494 Patent, which is valid and enforceable, based on the
`
`disclosures of the asserted patent.
`
`Due to the early stage of this litigation, the lack of discovery to date (including discovery
`
`concerning Defendant’s products and services, Defendant’s actions related to its products and services,
`
`Defendant’s actions related to and awareness of the ‘494 Patent, and Defendant’s defenses in this
`
`case), and the absence of a claim construction order, the above disclosure is necessarily limited and
`
`preliminary in nature. Finjan reserves the right to amend, modify, supplement, or narrow these
`
`8
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 9
`
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`contentions pursuant to Patent Local Rule 3-6, including providing additional bases for willful
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`infringement, as it obtains additional information over the course of discovery and in light of the
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`Court’s claim construction order.
`
`II.
`
`
`PATENT L.R. 3-2: DOCUMENT PRODUCTION ACCOMPANYING
`DISCLOSURE.
`
`
`
`A.
`
`Disclosure, Transfer, Sale, Offers To Sell, Public Use Of Claimed Invention
`Prior To Application Date.
`
`Based upon information presently available or recalled and subject to the limitations and
`
`reservations set forth above, Finjan is not aware of any responsive, relevant, nonprivileged, non-
`
`immune documents that correspond to the documents described in Patent Local Rule 3-2(a). Finjan
`
`reserves the right to supplement this disclosure if, and as, warranted.
`
`
`
`B.
`
`Conception And Reduction To Practice.
`
`Based upon information presently available or recalled and subject to the limitations and
`
`reservations set forth above, pursuant to Patent Local Rule 3-2(b), Finjan currently has no documents
`
`to disclose. Finjan reserves the right to supplement this disclosure if, and as, warranted.
`
`
`
`C.
`
`File History.
`
`Based upon information presently available or currently recalled and subject to the limitations
`
`and reservations set forth above, pursuant to Patent Local Rule 3-2(c), Finjan refers Defendant to the
`
`previously produced documents and identified by production numbers: FINJAN-WS 005531-6473.
`
`Finjan reserves the right to supplement this disclosure if, and as, warranted.
`
`
`
`D.
`
`Ownership.
`
`Based upon information presently available or currently recalled and subject to the limitations
`
`and reservations set forth above, pursuant to Patent Local Rule 3-2(d), Finjan refers Defendant to the
`
`assignment record produced in conjunction with the service of this disclosure and identified by
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`production number FINJAN-WS 006474-75. Finjan reserves the right to supplement this disclosure if,
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`and as, warranted.
`
`9
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 10
`
`

`
`
`
`
`
`E.
`
`Practice Of The Invention By Finjan.
`
`Based upon information presently available or currently recalled and subject to the limitations
`
`and reservations set forth above, pursuant to Patent Local Rule 3-2(e), Finjan currently has no
`
`documents to disclose for this section. Finjan reserves the right to supplement this disclosure if, and
`
`as, warranted.
`
`
`DATED: April 22, 2014
`
`
`
`
`
`Respectfully submitted,
`
`
`
`By: /s/ Paul J. Andre
`
`
`Paul J. Andre (State Bar. No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`10
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
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`Patent Owner Finjan, Inc. - Ex. 2013, p. 11
`
`

`
`
`
`PROOF OF SERVICE
`
`I, Steven D. Dennison, am employed in the Menlo Park, California office of Kramer Levin
`
`Naftalis & Frankel LLP. I am over the age of 18 and not a party to the within action. My business
`
`address is 990 Marsh Road, Menlo Park, California, 94025. On April 22, 2014, I caused a true and
`
`correct copy of the following document(s):
`
`PLAINTIFF FINJAN, INC.’S DISCLOSURE OF ASSERTED CLAIMS AND
`INFRINGEMENT CONTENTIONS AND DOCUMENT PRODUCTION ACCOMPANYING
`DISCLOSURE PURSUANT TO PATENT L.R. 3-1 AND 3-2
`
`to be served by electronic mail and by U.S. First Class Mail addressed as follows:
`
`Anthony M. Stiegler, Esq.
`Paul Batcher, Esq.
`Brian Lam, Esq.
`Jose Rodriguez, Esq.
`COOLEY LLP
`4401 Eastgate Mall
`San Diego, CA 92121
`Telephone: (858) 550-6000
`Facsimile: (858) 550-6420
`astiegler@cooley.com
`pbatcher@cooley.com
`blam@cooley.com
`jrodriguez@cooley.com
`
`Orion Armon, Esq.
`COOLEY LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, CO 80021-8023
`Telephone: (720) 566-4000
`Facsimile: (720) 566-4099
`oarmon@cooley.com
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct. Executed on April 22,
`
`2014, at Menlo Park, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
` Steven D. Dennison
`
`
`
`
`
`11
`____________________________________________________________________________________
`FINJAN’S DISCLOSURES PURSUANT
`CASE NO. 14-cv-01353 EDL
`TO PATENT L.R. 3-1 AND 3-2
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`Patent Owner Finjan, Inc. - Ex. 2013, p. 12
`
`

`
`APPENDIX A
`
`APPENDIX A
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 13
`
`
`
`
`
`
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 13
`
`

`
`
`
`Websense Products
`US 8,677,494
`The statements and documents cited below are solely provided by way of example and based on
`information available to Finjan, Inc. at the time this chart was created, and not to be used by way of
`limitation or for purposes of construing the claim terms. Finjan reserves its right to supplement this chart
`as additional information becomes known to it.
`
`For purposes of this chart, “Websense Products” refers to the following Websense applications or
`services: TRITON Products, Web Security Gateway Products, Data Security Products, the CyberSecurity
`Intelligence (“CSI”) Service, the ThreatSeeker Intelligence Cloud Service and TRITON®
`ThreatScope™. See http://www.websense.com/content/websense-products.aspx (explaining that while
`Websense appliances/products come in different forms or series, each Websense product is “built on the
`unified Websense TRITON® architecture, and use key Websense technologies including Websense ACE
`(Advanced Classification Engine) and the Websense ThreatSeeker® Intelligence Cloud.”)
`
`Claim 1
`
`1a. A computer processor-
`based method, comprising
`the steps of:
`
`
`
`Websense Products meet the recited claim language because they perform
`a computer processor-based method, comprising the steps of.
`
`By the way of example, and not limitation, Websense Products meet the
`recited claim language because Websense Products operate the TRITON
`architecture which is executed on a processor. Additionally, CSI and the
`ThreatSeeker Intelligence Cloud Service both require processors.
`
`This is demonstrated in Websense’s public documents and at
`http://www.websense.com/content/websense-triton-security-products.aspx
`and http://www.websense.com/content/support.aspx.
`
`For example, the following Release Notes for the TRITON Unified
`Security Center
`(http://www.websense.com/content/support/library/shared/v78/triton_rnote
`s/v78_triton_rn.pdf at p. 2) describes hardware requirements for Web
`Security, Data Security, and Email Security managers, which all include
`the need for processors:
`
`
`1
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 14
`
`

`
`
`
`
`In another example, Websense V-Series Appliance platforms all contain
`Intel processors (http://www.websense.com/content/websense-triton-web-
`security-gateway-tech-specs.aspx):
`
`
`
`2
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 15
`
`

`
`
`
`
`
`
`In another example, Websense Data Security Gateway software platforms
`all require processors (http://www.websense.com/content/data-security-
`gateway-tech-specs.aspx).
`
`See also, http://www.websense.com/content/cybersecurity-intelligence-
`services.aspx; http://www.websense.com/content/websense-threatseeker-
`network.aspx.
`
`To the extent that Websense contends that it does not literally infringe this
`claim, Websense infringes under the doctrine of equivalents. The above
`described functionality of Websense is at most insubstantially different
`from the claimed functionality and performs the same function in the same
`way to achieve the same result. Once Finjan receives non-infringement
`positions, if any, Finjan may supplement its disclosure. In addition, Finjan
`may supplement its disclosure once it receives Websense’s production of
`documents with relevant and non-public information, particularly related to
`its source code.
`Websense Products meet the recited claim language because they receive
`an incoming Downloadable.
`
`By the way of example, and not limitation, Websense Products meet the
`recited claim language because Websense Products receive incoming web
`content that may be revealed as downloadables, including suspicious web
`content containing PDFs, obfuscated JavaScript and drive-by downloads.
`
`This is demonstrated in Websense’s public documents and at
`
`3
`
`1b. receiving an incoming
`Downloadable;
`
`Patent Owner Finjan, Inc. - Ex. 2013, p. 16
`
`

`
`
`
`http://www.websense.com/content/websense-triton-security-products.aspx
`and http://www.websense.com/content/support.aspx.
`
`For example, in a white paper describing the ACE system, at least two
`components (Real-time Security Classification (RTSC) and the Real-time
`Content Classification (RTCC)) receive downloadable information for the
`purpose of searching for maliciously obfuscated executable code.
`http://www.websense.com/assets/white-papers/whitepaper-ace-security-
`overview-en.pdf at pp. 3-6 (“Real-Time Security Classification. Empowers
`social web controls, and inspects all web content for malicious or
`suspicious code such as open or obfuscated scripts, exploit code and iframe
`tags.” “RTCC examines embedded links to other pages, content with
`embedded scripts, streaming media, and file downloads to identify
`potential threats.”).
`
`In another example, in describing the Websense Threatscope, Websense
`notes that Threatscope monitors web traffic, intercept email attachments,
`and embedded links from websites
`(http://www.websense.com/content/websense-threatscope.aspx), which are
`all downloadable information:
`
`
`In another example, Websense ThreatSeeker Intelligence Cloud service
`downloads web d