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