1:1 UNITED STATES PATENT AND TRADEMARK OFFICE
`
`1:2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` _________________________________________
`
`1:3
`
` PALO ALTO NETWORKS, INC.,
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`1:4
`
` Petitioner,
`
`1:5
`
` -against-
`
`1:6
`
` FINJAN, INC.,
`
`1:7
`
` Patent Owner.
`
`1:8
`
` Patent No. 8,141,154
`
`1:9
`
` Inter Partes Review No. IPR2016-00151
`
`1:10 _________________________________________
`
`1:11
`
` November 10, 2016
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`1:12 7:59 a.m.
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`1:13
`
`1:14 *** HIGHLY CONFIDENTIAL ***
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`1:15
`
`1:16 DEPOSITION of YUVAL
`
`1:17 BEN-ITZHAK, taken by Petitioner,
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`1:18 pursuant to Notice, held at the offices
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`1:19 of KRAMER, LEVIN, NAFTALIS & FRANKEL
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`1:20 LLP, 1177 Avenue of the Americas, New
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`1:21 York, New York before Wayne Hock, a
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`1:22 Notary Public of the State of New York.
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`1:23
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`1:24
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`1:25
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`Palo Alto Networks, Inc. Exhibit 1009 Page 1
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`

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`2:1 A P P E A R A N C E S:
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`2:2
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` MORRISON & FOERSTER LLP
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`2:3 Attorneys for Petitioner
`
` 1650 Tysons Boulevard
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`2:4 McLean, Virginia 22102
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`2:5
`
` BY: SHOUVIK BISWAS, ESQ.
`
`2:6 sbiswas@mofo.com
`
`2:7
`
`2:8 KRAMER, LEVIN, NAFTALIS & FRANKEL LLP
`
` Attorneys for Patent Owner
`
`2:9 1177 Avenue of the Americas
`
` New York, New York 10036
`
`2:10
`
` BY: AARON FRANKEL, ESQ.
`
`2:11 afrankel@kramerlevin.com
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`2:12
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` ALSO PRESENT:
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`2:13
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`2:14 MICHAEL KIM
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` (via teleconference)
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`2:15
`
` * * *
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`2:16
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`2:17
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`2:18
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`2:19
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`2:20
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`2:21
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`2:22
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`2:23
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`2:24
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`2:25
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`Palo Alto Networks, Inc. Exhibit 1009 Page 2
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`3:1
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`3:2 * * *
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`3:3
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`3:4 I N D E X
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`3:5 WITNESS EXAMINED BY PAGE
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`3:6 Y. Ben-Itzhak Mr. Biswas 4
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`3:7 Mr. Frankel 21
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`3:8
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`3:9 E X H I B I T S
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`3:10 FOR ID DESCRIPTION PAGE
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`3:11 Exhibit 1 Document entitled
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`3:12 Declaration of Yuval
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`3:13 Ben-Itzhak 9
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`3:14 Exhibit 2 E-mail dated
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`3:15 December 6, 2005 11
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`3:16
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`3:17
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`3:18 * * *
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`3:19
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`3:20
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`3:21
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`3:22
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`3:23
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`3:24
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`3:25
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`Palo Alto Networks, Inc. Exhibit 1009 Page 3
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`4:1 Y U V A L B E N - I T Z H A K, having
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`4:2 been first duly sworn by a
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`4:3 Notary Public of the State of
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`4:4 New York, upon being examined,
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`4:5 testified as follows:
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`4:6 EXAMINATION BY
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`4:7 MR. BISWAS:
`
`4:8 Q. What is your current address?
`
`4:9 A. Malydvur 820, Nebusice,
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`4:10 Prague, Czech Republic.
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`4:11 Q. Mr. Ben-Itzhak, could you
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`4:12 please state your full name for the
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`4:13 record.
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`4:14 A. My name is Yuval Ben-Itzhak.
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`4:15 Q. And do you understand why you
`
`4:16 are here today?
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`4:17 A. You can explain to me and
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`4:18 I'll tell you if that's my
`
`4:19 understanding.
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`4:20 Q. Sure.
`
`4:21 You are here in reference to
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`4:22 your deposition that you provided in
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`4:23 IPR 2016-00151.
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`4:24 Is that your understanding?
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`4:25 A. My understanding I'm here for
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`Palo Alto Networks, Inc. Exhibit 1009 Page 4
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`5:1 deposition based on my statement that I
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`5:2 signed, yes.
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`5:3 Q. Sure, sure.
`
`5:4 Now, Mr. Ben-Itzhak, could
`
`5:5 you describe to me your role with
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`5:6 Finjan with reference to the time
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`5:7 period in question, which is 2005?
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`5:8 A. I was the chief technology
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`5:9 officer of Finjan in 2005.
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`5:10 Q. And as chief technology
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`5:11 officer, what were your duties?
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`5:12 A. As a chief technology
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`5:13 officer, I was responsible for the
`
`5:14 research team. They were doing malware
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`5:15 research; used to call malicious code
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`5:16 research center. I was responsible for
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`5:17 the technology of the company, the
`
`5:18 development of the technology of the
`
`5:19 company. I was responsible for some of
`
`5:20 the work with analysts and markets,
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`5:21 press, and stuff like that.
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`5:22 Q. Can you describe your role in
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`5:23 terms of Finjan's work in developing
`
`5:24 its IP portfolio?
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`5:25 MR. FRANKEL: Objection to
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 5
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`

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`6:1 form.
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`6:2 THE WITNESS: So I'm not a
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`6:3 lawyer, I'm not dealing with the
`
`6:4 legal aspect of that, I'm a
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`6:5 technology person. And as I
`
`6:6 mentioned earlier, part of my
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`6:7 responsibility was to develop the
`
`6:8 technologies, identify needs that
`
`6:9 we have, and find solutions using
`
`6:10 technology and that's what I did
`
`6:11 with my group.
`
`6:12 Q. And in your role as you
`
`6:13 described, did you work with others to
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`6:14 develop and write patent applications?
`
`6:15 A. So I work with my team to
`
`6:16 develop technologies and then we work
`
`6:17 with external resources to draft
`
`6:18 documents and write documents, that's
`
`6:19 the legal process of it, that's the
`
`6:20 two.
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`6:21 MR. FRANKEL: It's been fine
`
`6:22 so far, but sometimes you're
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`6:23 jumping in a little before the
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`6:24 witness is finished answering.
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`6:25 Give him a little more time.
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`Palo Alto Networks, Inc. Exhibit 1009 Page 6
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`7:1 MR. BISWAS: Sure, no problem.
`
`7:2 Q. When you said people with
`
`7:3 external roles, could you expound on
`
`7:4 that a little more, describe that?
`
`7:5 MR. FRANKEL: Objection to
`
`7:6 form.
`
`7:7 THE WITNESS: The company
`
`7:8 worked with different legal teams.
`
`7:9 When I joined, there were I think
`
`7:10 two, one called Eitan group and the
`
`7:11 other one was -- at least the
`
`7:12 person I used to work more
`
`7:13 frequently, his name is Marc
`
`7:14 Berger. And every time we had some
`
`7:15 enhancement in technology or new
`
`7:16 ideas in technology, we used to
`
`7:17 speak with them and share with them
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`7:18 and then they did the work and file
`
`7:19 the patents. That's how Finjan
`
`7:20 used to work for several years.
`
`7:21 Q. And is Mr. Berger, does he
`
`7:22 belong to the Eitan law group?
`
`7:23 A. As far as I recall, he was an
`
`7:24 independent person. Maybe they had
`
`7:25 some -- I don't know. I mean, I know
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 7
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`

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`8:1 that I worked with him as part of
`
`8:2 Finjan. I do not know or I do not
`
`8:3 recall if he was an employee of the
`
`8:4 Eitan group, if that's your question,
`
`8:5 so I do not know.
`
`8:6 Q. So my understanding then is
`
`8:7 Finjan did not hire Mr. Berger itself?
`
`8:8 MR. FRANKEL: Objection to
`
`8:9 form.
`
`8:10 THE WITNESS: What do you
`
`8:11 mean by the word "hire?"
`
`8:12 Q. Was Mr. Berger an employee of
`
`8:13 Finjan?
`
`8:14 A. I do not remember what was
`
`8:15 the exact terms. He was working with
`
`8:16 Finjan before I joined the company, so
`
`8:17 I wasn't involved in whatever business
`
`8:18 arrangement was between Mr. Berger and
`
`8:19 Finjan. It wasn't my responsibility.
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`8:20 MR. FRANKEL: Once again, just
`
`8:21 please give him a minute to
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`8:22 complete his answer. Thank you.
`
`8:23 MR. BISWAS: Now I'm going to
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`8:24 go ahead and enter some documents
`
`8:25 into the record.
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`Palo Alto Networks, Inc. Exhibit 1009 Page 8
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`

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`9:1 We'll start here with this.
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`9:2 (Whereupon, a document entitled
`
`9:3 Declaration of Yuval Ben-Itzhak
`
`9:4 was marked Exhibit 1
`
`9:5 for identification.)
`
`9:6 Q. Mr. Ben-Itzhak, I've provided
`
`9:7 you with a copy of your declaration
`
`9:8 marked Exhibit 1, for the record.
`
`9:9 Can you describe to me the
`
`9:10 process that you undertook in writing
`
`9:11 this declaration?
`
`9:12 MR. FRANKEL: I'm going to
`
`9:13 instruct the witness not to reveal
`
`9:14 -- you can answer that question but
`
`9:15 in doing so do not disclose
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`9:16 communications that you had with
`
`9:17 counsel.
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`9:18 THE WITNESS: So I had
`
`9:19 conversation with counsel and I
`
`9:20 cannot answer it.
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`9:21 Q. Can you -- could you tell me
`
`9:22 who you worked with in preparing this
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`9:23 declaration?
`
`9:24 MR. FRANKEL: You can answer
`
`9:25 that by giving names but not the
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 9
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`10:1 substance of discussions.
`
`10:2 THE WITNESS: I worked with a
`
`10:3 Kramer Levin team about that.
`
`10:4 Q. Do you know the names of the
`
`10:5 individuals that you worked with from
`
`10:6 the Kramer Levin team?
`
`10:7 A. I believe it was James
`
`10:8 Hannah. Maybe there were others. I
`
`10:9 just don't recall.
`
`10:10 Q. Can you describe how you
`
`10:11 became involved with this particular
`
`10:12 IPR?
`
`10:13 MR. FRANKEL: Objection to
`
`10:14 form. Same instruction regarding
`
`10:15 attorney-client discussions.
`
`10:16 THE WITNESS: I was contacted
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`10:17 regarding the patents I'm listed
`
`10:18 inventor on and I was asked to
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`10:19 respond to questions and that's why
`
`10:20 I'm here. It's not something I
`
`10:21 initiated or pushed for. I was
`
`10:22 asked to come. That's what I'm
`
`10:23 doing.
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`10:24 Q. Does this declaration
`
`10:25 represent the entirety of your opinion
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`Palo Alto Networks, Inc. Exhibit 1009 Page 10
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`11:1 regarding the priority date of the '154
`
`11:2 patent?
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`11:3 MR. FRANKEL: Objection to
`
`11:4 form.
`
`11:5 THE WITNESS: I do not know
`
`11:6 what the terms priority dates and
`
`11:7 all those legal terminology. This
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`11:8 is my statement. That's what I
`
`11:9 signed. And the way you understand
`
`11:10 it, that's how I wrote it.
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`11:11 MR. BISWAS: Also, I'd like to
`
`11:12 enter one more document on the
`
`11:13 record here. We'll call this
`
`11:14 Exhibit Number 2.
`
`11:15 (Whereupon, an e-mail dated
`
`11:16 December 6, 2005 was marked Exhibit 2
`
`11:17 for identification.)
`
`11:18 Q. So Mr. Ben-Itzhak, I've
`
`11:19 provided you now with two documents,
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`11:20 Exhibit 1 which is a copy of your
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`11:21 declaration and Exhibit 2 which in the
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`11:22 IPR is referred to as Exhibit 2007
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`11:23 which is a copy of an alleged e-mail
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`11:24 chain between yourself and Mr. Marc
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`11:25 Berger.
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`Palo Alto Networks, Inc. Exhibit 1009 Page 11
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`12:1 Other than these two
`
`12:2 documents, have you prepared for this
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`12:3 deposition using other resources?
`
`12:4 MR. FRANKEL: Objection to
`
`12:5 form.
`
`12:6 You can answer that question
`
`12:7 yes or no but do not disclose the
`
`12:8 substance of discussions you've had
`
`12:9 with counsel.
`
`12:10 THE WITNESS: I reviewed the
`
`12:11 documents. I had discussions with
`
`12:12 counsel.
`
`12:13 Q. And when you say you reviewed
`
`12:14 the documents, are you referring to the
`
`12:15 documents that you had before you,
`
`12:16 Exhibits 1 and 2, or are you referring
`
`12:17 to other documents as well?
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`12:18 MR. FRANKEL: Objection to
`
`12:19 form. Same instruction.
`
`12:20 THE WITNESS: As I recall,
`
`12:21 these were the documents.
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`12:22 Q. Referring to Exhibit 2, as
`
`12:23 you can see, large parts of the
`
`12:24 document are blacked out.
`
`12:25 A. I see that.
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`Palo Alto Networks, Inc. Exhibit 1009 Page 12
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`13:1 Q. Do you know why they've been
`
`13:2 blacked out?
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`13:3 MR. FRANKEL: Objection to
`
`13:4 form. Same caution regarding
`
`13:5 attorney-client privilege.
`
`13:6 You can answer that yes or
`
`13:7 no.
`
`13:8 THE WITNESS: I do not know.
`
`13:9 Q. Do you know -- can you tell
`
`13:10 me what the contents under the
`
`13:11 redaction are or what they state
`
`13:12 generally?
`
`13:13 A. No.
`
`13:14 Q. So referring to page one of
`
`13:15 the Exhibit 2, it appears to be an
`
`13:16 e-mail that took place on December 6,
`
`13:17 2005 between yourself and Marc Berger;
`
`13:18 is that correct? Is that your
`
`13:19 understanding as well?
`
`13:20 A. Yeah, I see my name on the
`
`13:21 top of the document and Marc Berger's
`
`13:22 name and it looks like an e-mail.
`
`13:23 Q. And underneath in the
`
`13:24 beginning you see where it says
`
`13:25 contents? Comments, I'm sorry.
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 13
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`

`

`14:1 A. Yes, I see the word
`
`14:2 "comments."
`
`14:3 Q. Can you describe to me what
`
`14:4 those comments were?
`
`14:5 MR. FRANKEL: I'm sorry,
`
`14:6 counsel, this is a document on its
`
`14:7 face that says attorney-client
`
`14:8 privilege and this material is
`
`14:9 redacted. Finjan has asserted
`
`14:10 privilege. On that basis, I'm
`
`14:11 instructing the witness not to
`
`14:12 answer that question.
`
`14:13 Q. I'd like to now turn to
`
`14:14 Exhibit 1 which is your declaration and
`
`14:15 specifically I'd like to turn to
`
`14:16 paragraph seven which appears on the
`
`14:17 document page three.
`
`14:18 A. Okay.
`
`14:19 Q. I want to point to the second
`
`14:20 sentence, I want to draw your attention
`
`14:21 to the second sentence which says, "for
`
`14:22 example, on November 13, I e-mailed Dr.
`
`14:23 Berger regarding the patent
`
`14:24 application."
`
`14:25 How were you able to
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 14
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`15:1 determine that you e-mailed Dr. Berger
`
`15:2 on November 13?
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`15:3 A. On Exhibit 2, page two at the
`
`15:4 top you can see the date is Sunday,
`
`15:5 November 13, 2005.
`
`15:6 Q. So when you testified that
`
`15:7 you e-mailed him on November 13, 2005,
`
`15:8 you're relying on this chain of e-mails
`
`15:9 provided in Exhibit 2?
`
`15:10 MR. FRANKEL: Objection to
`
`15:11 form.
`
`15:12 THE WITNESS: I believe so.
`
`15:13 Q. I'd like to point to the line
`
`15:14 where you say, "Dr. Berger responded on
`
`15:15 December 6, 2005 via e-mail regarding
`
`15:16 the application."
`
`15:17 Do you see what I'm speaking
`
`15:18 about?
`
`15:19 A. Yes, I do.
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`15:20 Q. And is your recollection of
`
`15:21 when that e-mail took place based
`
`15:22 entirely on Exhibit 2 and the e-mail
`
`15:23 chain provided?
`
`15:24 MR. FRANKEL: Objection to
`
`15:25 form.
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 15
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`16:1 THE WITNESS: I can read on
`
`16:2 Exhibit 2, page one the date
`
`16:3 Tuesday, December 6, 2005, yes.
`
`16:4 Q. But in testifying that he
`
`16:5 responded on December 6, are you
`
`16:6 relying on this exhibit, Exhibit 2?
`
`16:7 A. Yes, I am relying on
`
`16:8 Exhibit 2.
`
`16:9 Q. I'd also like to draw your
`
`16:10 attention to the line where you state,
`
`16:11 "we also had several phone
`
`16:12 conversations between November 13, 2005
`
`16:13 and December 12, 2005 regarding the
`
`16:14 patent application."
`
`16:15 Can you tell me precisely how
`
`16:16 many phone conversations you had?
`
`16:17 A. The way I worked with Mr.
`
`16:18 Berger was having conversations,
`
`16:19 multiple conversations. Exactly how
`
`16:20 many I do not recall.
`
`16:21 Q. Do you recall precisely what
`
`16:22 dates those phone calls took place?
`
`16:23 A. Between Sunday to Thursday.
`
`16:24 Q. November 13, 2005 to
`
`16:25 December 12, 2005 is a monthlong
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 16
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`17:1 period.
`
`17:2 Just to explain, you're
`
`17:3 saying you only had conversations
`
`17:4 between Monday and Thursday, but do you
`
`17:5 know precisely what days?
`
`17:6 A. Between Sunday and Thursday
`
`17:7 because these are the working days in
`
`17:8 Israel. These are working days and
`
`17:9 that's when I used to speak with Mr.
`
`17:10 Berger.
`
`17:11 Q. Did you speak with Mr. Berger
`
`17:12 on November 13 regarding -- on the
`
`17:13 phone regarding this application?
`
`17:14 A. I'm using Exhibit 2 and the
`
`17:15 e-mail -- and the information on the
`
`17:16 e-mail chain. I don't have exact time
`
`17:17 of speaking over the phone with Mr.
`
`17:18 Berger. But our common work was we had
`
`17:19 conversations over the phone.
`
`17:20 Q. I understand that you
`
`17:21 e-mailed Mr. Berger on November 13, but
`
`17:22 do you recall if you spoke with him
`
`17:23 over the phone regarding the patent
`
`17:24 application on that day?
`
`17:25 MR. FRANKEL: Objection to
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 17
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`18:1 form.
`
`18:2 THE WITNESS: It is likely
`
`18:3 but I do not remember the exact
`
`18:4 time that I spoke to him.
`
`18:5 Q. Do you remember any exact
`
`18:6 dates on when you talked to Mr. Berger
`
`18:7 regarding this patent application?
`
`18:8 A. I do not recall exact time
`
`18:9 and date. As I mentioned earlier, our
`
`18:10 practice was that we exchanged some
`
`18:11 information and had conversation over
`
`18:12 the phone or sometimes we met in
`
`18:13 person, so I don't remember the exact
`
`18:14 interaction since this is like eleven
`
`18:15 years ago, but that's the way we used
`
`18:16 to work.
`
`18:17 Q. When you say that you met in
`
`18:18 person with Mr. Berger, do you recall
`
`18:19 the dates of when you met him in person
`
`18:20 regarding this patent application?
`
`18:21 A. I do not remember exact date.
`
`18:22 I repeat again, that was the common
`
`18:23 practice, that we worked on multiple
`
`18:24 applications.
`
`18:25 Q. When you say that you worked
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 18
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`19:1 on multiple applications, are you
`
`19:2 specifically referring to drafting
`
`19:3 patent applications or did you also
`
`19:4 work with him regarding office actions?
`
`19:5 MR. FRANKEL: Objection to
`
`19:6 form.
`
`19:7 THE WITNESS: I do not recall
`
`19:8 what office action is.
`
`19:9 Q. Did you work with him on any
`
`19:10 responses to rejections by the U.S.
`
`19:11 patent office?
`
`19:12 MR. FRANKEL: I'm going to
`
`19:13 instruct the witness to answer that
`
`19:14 yes or no but not to disclose the
`
`19:15 substance of discussions with Dr.
`
`19:16 Berger.
`
`19:17 THE WITNESS: So he used to
`
`19:18 contact me with different questions
`
`19:19 he received during the filing and
`
`19:20 we were having conversations about
`
`19:21 whatever was the question and how
`
`19:22 can we want to answer it. If it
`
`19:23 was the result of something, I
`
`19:24 don't recall exactly every question
`
`19:25 he asked, but that's the regular
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 19
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`20:1 conversation we used to have.
`
`20:2 Q. Mr. Ben-Itzhak, is there any
`
`20:3 reason, either physical, mental, or
`
`20:4 emotional, that prevented you from
`
`20:5 giving your best and most accurate
`
`20:6 testimony today?
`
`20:7 A. Not that I know.
`
`20:8 Q. Are you on any type of
`
`20:9 medication or drugs that made it
`
`20:10 difficult for you to understand my
`
`20:11 questions and truthfully and accurately
`
`20:12 answer them?
`
`20:13 A. Not that I know.
`
`20:14 MR. BISWAS: I thank you for
`
`20:15 your time, sir. I have no further
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`20:16 questions.
`
`20:17 THE WITNESS: Thank you very
`
`20:18 much.
`
`20:19 MR. FRANKEL: Let's take a
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`20:20 short break. I'm going to confer
`
`20:21 with my colleague and we'll see if
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`20:22 we have some re-direct.
`
`20:23 (Whereupon a break was taken)
`
`20:24 (CONTINUED ON NEXT PAGE)
`
`20:25
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 20
`
`

`

`21:1 EXAMINATION BY
`
`21:2 MR. FRANKEL:
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`21:3 Q. Mr. Ben-Itzhak, I'd like to
`
`21:4 direct your attention to Exhibit 2.
`
`21:5 And there are some e-mails with dates
`
`21:6 on it in Exhibit 2.
`
`21:7 A. Right.
`
`21:8 Q. Are the dates on those
`
`21:9 e-mails consistent with your
`
`21:10 recollection of the work you did with
`
`21:11 Dr. Berger on the application that
`
`21:12 eventually grew into the '154 patent?
`
`21:13 MR. BISWAS: Objection. Out
`
`21:14 of scope. Objection, leading the
`
`21:15 witness.
`
`21:16 THE WITNESS: The dates I'm
`
`21:17 seeing on these e-mails are about
`
`21:18 the time I used to work with Mr.
`
`21:19 Berger before he filed the
`
`21:20 application.
`
`21:21 Q. And if you direct your
`
`21:22 attention on the second page, there's
`
`21:23 an e-mail that says FYI which appears
`
`21:24 to be -- is that consistent with you
`
`21:25 having a telephone conversation with
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 21
`
`

`

`22:1 Dr. Berger?
`
`22:2 MR. BISWAS: Objection. Out
`
`22:3 of the scope.
`
`22:4 THE WITNESS: So usually I'm
`
`22:5 sending e-mail with FYI, which
`
`22:6 stands for for your information, if
`
`22:7 there was a reminder or if we're
`
`22:8 having a conversation and I want to
`
`22:9 send -- someone missed something
`
`22:10 and I want to bring it to the top
`
`22:11 of their inbox.
`
`22:12 Q. And based on your
`
`22:13 recollection from the time you sent
`
`22:14 that first draft to Dr. Berger until
`
`22:15 the patent application was filed, did
`
`22:16 it require significant effort to
`
`22:17 complete that application?
`
`22:18 MR. BISWAS: Objection. Out
`
`22:19 of scope.
`
`22:20 THE WITNESS: Mr. Berger is a
`
`22:21 very hardworking person and he
`
`22:22 worked quite a lot to draft it
`
`22:23 quickly and that was one of the
`
`22:24 reasons I liked to work with him,
`
`22:25 because he was very eager to do
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 22
`
`

`

`23:1 things, do it fast, and do quite
`
`23:2 good work.
`
`23:3 MR. FRANKEL: No further
`
`23:4 questions.
`
`23:5 THE WITNESS: Thank you.
`
`23:6 MR. BISWAS: And I have no
`
`23:7 further questions either.
`
`23:8 (Discussion held off the
`
`23:9 record)
`
`23:10 MR. FRANKEL: We're back on
`
`23:11 the record.
`
`23:12 Just to note that Finjan is
`
`23:13 designating this transcript highly
`
`23:14 confidential.
`
`23:15 (TIME NOTED: 8:24 a.m.)
`
`23:16
`
`23:17
`
`23:18
`
`23:19
`
`23:20
`
`23:21
`
`23:22
`
`23:23
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`23:24
`
`23:25
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`Palo Alto Networks, Inc. Exhibit 1009 Page 23
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`

`

`24:1 CERTIFICATION BY REPORTER
`
`24:2 I, Wayne Hock, a Notary Public of the
`
`24:3 State of New York, do hereby certify:
`
`24:4 That the testimony in the within
`
`24:5 proceeding was held before me at the
`
`24:6 aforesaid time and place;
`
`24:7 That said witness was duly sworn
`
`24:8 before the commencement of the testimony,
`
`24:9 and that the testimony was taken
`
`24:10 stenographically by me, then transcribed
`
`24:11 under my supervision, and that the within
`
`24:12 transcript is a true record of the
`
`24:13 testimony of said witness.
`
`24:14 I further certify that I am not
`
`24:15 related to any of the parties to this
`
`24:16 action by blood or marriage, that I am not
`
`24:17 interested directly or indirectly in the
`
`24:18 matter in controversy, nor am I in the
`
`24:19 employ of any of the counsel.
`
`24:20 IN WITNESS WHEREOF, I have hereunto
`
`24:21 set my hand this 10th day of
`
`24:22 November, 2016.
`
`24:23
`
`24:24 <%signature%>
`
`24:25
`
`Palo Alto Networks, Inc. Exhibit 1009 Page 24
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`

`

`[& - conversation]
`
`&
`& 1:19 2:2,8
`1
`1 3:11 9:4,8 11:20
`12:16 14:14
`10 1:11
`10036 2:9
`10th 24:21
`11 3:15
`1177 1:20 2:9
`12 16:13,25
`13 14:22 15:2,5,7
`16:12,24 17:12,21
`154 11:1 21:12
`1650 2:3
`2
`2 3:14 11:14,16,21
`12:16,22 13:15
`15:3,9,22 16:2,6,8
`17:14 21:4,6
`2005 3:15 5:7,9
`11:16 13:17 15:5
`15:7,15 16:3,12,13
`16:24,25
`2007 11:22
`2016 1:11 24:22
`2016-00151 4:23
`21 3:7
`22102 2:4
`4
`
`4 3:6
`
`6
`6 3:15 11:16 13:16
`15:15 16:3,5
`7
`7:59 1:12
`
`8
`8,141,154 1:8
`820 4:9
`8:24 23:15
`9
`
`9 3:13
`
`a
`a.m. 1:12 23:15
`aaron 2:10
`able 14:25
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`14:12 19:13,22
`20:12
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`14:16 21:23
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`15:16 16:14 17:13
`17:24 18:7,20
`21:11,20 22:15,17
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`19:25
`
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`16:10 21:4,22
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`13:5 14:7
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`b
`b 3:9 4:1
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`22:12
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`4:11,14 5:4 9:3,6
`11:18 20:2 21:3
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`8:12,18 11:25
`13:17 14:23 15:1
`15:14 16:18 17:10
`17:11,18,21 18:6
`18:18 19:16 21:11
`21:19 22:1,14,20
`berger's 13:21
`best 20:5
`biswas 2:5 3:6 4:7
`7:1 8:23 11:11
`20:14 21:13 22:2
`22:18 23:6
`blacked 12:24
`13:2
`blood 24:16
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`
`business 8:17
`c
`
`c 2:1
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`certify 24:3,14
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`15:23 17:16
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`14:7
`code 5:15
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`commencement
`24:8
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`14:2,4
`common 17:18
`18:22
`communications
`9:16
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`7:7 8:16
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`22:17
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`confidential 1:14
`23:14
`consistent 21:9,24
`contact 19:18
`contacted 10:16
`contents 13:10,25
`continued 20:24
`controversy 24:18
`conversation 9:19
`18:11 20:1 21:25
`
`Page 1
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`Palo Alto Networks, Inc. Exhibit 1009 Page 25
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`

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`[conversation - hannah]
`
`22:8
`conversations
`16:12,16,18,19
`17:3,19 19:20
`copy 9:7 11:20,23
`correct 13:18
`counsel 9:17,19
`12:9,12 14:6
`24:19
`current 4:8
`czech 4:10
`d
`
`d 3:4
`date 11:1 15:4
`16:2 18:9,21
`dated 3:14 11:15
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`18:6,19 21:5,8,16
`day 17:24 24:21
`days 17:5,7,8
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`11:16 13:16 15:15
`16:3,5,13,25
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`9:3,7,11,23 10:24
`11:21 14:14
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`4:22 5:1 12:3
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`7:4 9:9 10:10 14:3
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`
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`21:21
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`19:14
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`discussions 10:1
`10:15 12:8,11
`19:15
`document 3:11 9:2
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`14:6,17
`documents 6:18
`6:18 8:24 11:19
`12:2,11,14,15,17
`12:21
`doing 5:14 9:15
`10:23
`dr 14:22 15:1,14
`19:15 21:11 22:1
`22:14
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`22:22
`drafting 19:2
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`e
`e 2:1,1 3:4,9,14 4:1
`11:15,23 13:16,22
`14:22 15:1,7,8,15
`15:21,22 17:15,16
`17:21 21:5,9,17,23
`22:5
`eager 22:25
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`
`eleven 18:14
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`18:3,5,8,13,21
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`19:24
`examination 4:6
`21:1
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`exhibit 3:11,14 9:4
`9:8 11:14,16,20,21
`11:22 12:22 13:15
`14:14 15:3,9,22
`16:2,6,6,8 17:14
`21:4,6
`exhibits 12:16
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`f
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`
`finjan 1:6 5:6,9
`7:19 8:2,7,13,16
`8:19 14:9 23:12
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`foerster 2:2
`follows 4:5
`form 6:1 7:6 8:9
`10:14 11:4 12:5
`12:19 13:4 15:11
`15:25 18:1 19:6
`frankel 1:19 2:8
`2:10 3:7 5:25 6:21
`7:5 8:8,20 9:12,24
`10:13 11:3 12:4
`12:18 13:3 14:5
`15:10,24 17:25
`19:5,12 20:19
`21:2 23:3,10
`frequently 7:13
`full 4:12
`further 20:15 23:3
`23:7 24:14
`fyi 21:23 22:5
`g
`generally 13:12
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`going 8:23 9:12
`19:12 20:20
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`group 6:11 7:10
`7:22 8:4
`h
`h 3:9 4:1
`hand 24:21
`hannah 10:8
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`Page 2
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`Palo Alto Networks, Inc. Exhibit 1009 Page 26
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`

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`[hardworking - patent]
`
`hardworking
`22:21
`held 1:18 23:8
`24:5
`hereunto 24:20
`highly 1:14 23:13
`hire 8:7,11
`hock 1:21 24:2
`i
`ideas 7:16
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`11:17
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`19:13
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`12:19
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`10:11
`ip 5:24
`ipr 4:23 10:12
`11:22
`ipr2016-00151 1:9
`israel 17:8
`itzhak 1:17 3:6,13
`4:11,14 5:4 9:3,6
`11:18 20:2 21:3
`
`j
`james 10:7
`joined 7:9 8:16
`jumping 6:23
`k
`
`k 4:1
`kim 2:14
`know 7:25,25 8:2
`8:5 10:4 11:5 13:1
`13:8,9 17:5 20:7
`20:13
`kramer 1:19 2:8
`10:3,6
`kramerlevin.com
`2:11
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`l
`
`l 4:1
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`n
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`o
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`22:2,18
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`p
`
`p 2:1,1
`page 3:5,10 13:14
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`20:24 21:22
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