`Petition for Inter Partes Review of
`Patent No. 8,677,494
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Palo Alto Networks, Inc.
`Petitioner
`
`v.
`
`Finjan, Inc.
`Patent Owner
`
`U.S. Patent No. 8,677,494
`Filing Date: Nov. 7, 2011
`Issue Date: Mar. 18, 2014
`
`Title: Malicious Mobile Code Runtime Monitoring System and Methods
`
`DECLARATION OF DR. EUGENE SPAFFORD
`
`Inter Partes Review No. 2014-TBD
`
`PALO ALTO NETWORKS Exhibit 1061 Page 1
`
`
`
`Declaration of Dr. Eugene Spafford
`Petition for Inter Partes Review of
`Patent No. 8,677,494
`
`I, Eugene H. Spafford, declare as follows:
`
`I.
`
`INTRODUCTION AND QUALIFICATIONS
`
`1.
`
`I declare that the following statements are true to the best of my
`
`knowledge, information, and belief, formed after a reasonable inquiry under the
`
`circumstances. If called upon to testify, I could and would competently testify to
`
`the information in this declaration.
`
`2.
`
`In 1996, I was on the editorial advisory board of a publication entitled
`
`the Virus Bulletin. In May of 1996, the Virus Bulletin published an article on an
`
`antivirus program named ThunderBYTE, version 7.0
`
`3.
`
`I have examined a public copy of ThunderBYTE 7.0 software on a
`
`CD ROM. That software was dated February 1996.
`
`4.
`
`Attached as Exhibit A is a true and correct copy of the 1996
`
`ThunderBYTE User Manual.
`
`Exhibit A was distributed as part of the
`
`ThunderBYTE version 7.0 software that I examined. The last-modified date of the
`
`file that held Exhibit A was February 8, 1996.
`
`5.
`
`I provided sworn testimony regarding ThunderBYTE 7.0 and Exhibit
`
`A at the earlier Finjan v. Symantec trial in December 2012. That testimony
`
`included the fact that "The ThunderBYTE program is an antivirus program that
`
`was available in early 1996." That testimony referred to the software that included
`
`1
`
`PALO ALTO NETWORKS Exhibit 1061 Page 2
`
`
`
`Declaration of Dr. Eugene Spafford
`Petition for Inter Partes Review of
`Patent No. 8,677,494
`
`Exhibit A.
`
`6.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true, and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under 28 U.S.C. § 1001.
`
`Dated: March 20, 2015
`
`Respectfully submitted,
`
`Eugene H. Spafford
`West Lafayette, Indiana
`
`2
`
`PALO ALTO NETWORKS Exhibit 1061 Page 3
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