`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Cisco Systems,Inc.,
`
`Petitioner,
`
`FINJAN,Inc.,
`
`Patent Owner.
`
`DECLARATION OF JUSTUS L. GETTY, ESQ.
`
`CS-1028
`Cisco Systems, Inc. v. Finjan, Inc.
`
`
`
`I, Justus L. Getty, declare as follows:
`
`1.
`
`I am an attorney with Duane Morris LLP and admitted to the bars of
`
`Maryland and Washington, DC. I have personal knowledgeofthe facts stated
`
`below. I am overthe age of eighteen (18) and otherwise competent to makethis
`
`declaration.
`
`De
`
`Exhibit CS-1010 is a true and correct copy of User Guide: WebScanX
`
`for Windows 3.1x, Windows 95, and Windows NT, by McAfee Associates, Inc.
`
`(1997). Exhibit CS-1010 was prepared and filed under mydirection.
`
`3.
`
`Exhibit CS-1013 is a true and correct copy of Dynamic Detection and
`
`Classification ofComputer Viruses Using General Behavior Patterns, by Morton
`
`Swimmer, which correspondsto the declaration of John Hawes at Exhibit CS-
`
`1038. Exhibits CS-1013 and CS-1038 were prepared andfiled under mydirection.
`
`Exhibit CS-1038 is the declaration of John Hawesand a copyofthearticle as
`
`admitted into evidence in JIPR2016-01444. The declaration of John Hawesstates a
`
`publication date of September 1995.
`
`4.
`
`Exhibit CS-1015 is a true and correct copy of “Microsoft and
`
`VeriSign Provide First Technology for Secure Downloading of Software Over the
`
`Internet,” Microsoft PressPass, dated August 7, 1996. Exhibit CS-1015 was
`
`prepared andfiled under my direction. Exhibit CS-1015 wasretrieved from the
`
`
`
`Microsoft News Center on June 8, 2017 at
`
`https://news.microsoft.com/1996/08/07/microsoft-and-verisign-provide-first-
`
`technology-for-secure-downloading-of-software-over-the-internet/.
`
`5.
`Pursuant to 15 U.S.C § 1151 et seg. and § 3704b, the National
`Technical Information Service (NTIS) wasestablished within the Department of
`
`Commerceas “a clearinghouse for the collection and dissemination ofscientific,
`
`technical, and engineering information” andto take steps “to search, collect,
`
`classify coordinate, integrate, record, and catalog such information from whatever
`
`sources” and “to make such information available to industry and business, to State —
`
`and local governments, to other agencies of the federal Government, and to the
`
`general public.”
`
`6.
`
`On August 30, 2017, I accessed the online records of the NTIS
`
`through the National Technical Reports Library (NTRL) website located at
`
`https://ntrl .ntis.gov/NTRL/ and downloaded Exhibit CS-1017. The last three pages
`
`of Exhibit CS-1017 are a true and accurate screenshot from the Government
`
`Printing Office and a true and accurate screenshot of a search record from the
`
`NTRL website identifying the publication entitled Automated Assistance for
`
`Detecting Malicious Code showing a publication year of 1993.
`
`
`
`7.
`
`On August 31, 2017, I accessed the online records of the NIST
`
`through the NIST website located at http://csrc.nist.gov/publications/history/nissc/
`
`and downloaded Exhibit CS-1020. The last four pages of Exhibit CS-1020 are a
`
`true and accurate screenshot of a search record from the NIST website identifying
`
`a publication date of October 1, 1991 for Volume 1 ofthe Proceedings ofthe 14”
`
`National Computer Security Conference (October 1-4, 1991), which includes
`
`Identifying and Controlling Undesirable Programs Behaviors.
`
`8.
`
`On August 30, 2017, I accessed the online records ofthe NTIS
`
`through the National Technical Reports Library NTRL website located at
`
`https://ntrl.ntis.zov/NTRL/ and downloaded Exhibit CS-1023. The last page of
`
`Exhibit CS-1023 is a true and accurate screenshot of a search record from the
`
`NTRL website identifying a publication year of 1990 for the publication entitled
`
`National Computer Security Conference (13th) Held in Washington, DC on 1-4
`
`October, 1990. Proceedings. Volume 1: Information Systems Security: Standards -
`
`The Key to the Future, which contains the article PACL’s An Access Control List
`
`Approach to Anti-Virus Security (Exhibit CS-1023).
`
`9.
`
`On August 31, 2017, I accessed the online records of the IEEE
`
`through the IEEE Xplore Digital Library website located at
`
`http://ieeexplore.ieee.org/document/502681/ and coordinated the download of
`
`
`
`Exhibit CS-1024. The last three pages of Exhibit CS-1024 are a true and accurate
`
`screenshot of a search record from the IEEE website identifying a publication year
`
`of 1996 for the publication entitled Java security: from HotJava to Netscape and
`
`beyond.
`
`10.
`
`On September 15, 2017, I accessed the online records of the NTIS
`
`through the National Technical Reports Library NTRL website located at
`
`https://ntrl.ntis.g0v/NTRL/ and downloaded Exhibit CS-1025. The last page of
`
`Exhibit CS-1025 is a true and accurate screenshot of a search record from the
`NTRL website identifying a publication year of 1995 for the publication entitled
`
`National Information Systems Security Conference Proceedings (18") Held at
`
`Baltimore Maryland on 10-13 October 1995. Volume 1: Making Security Real,
`
`which contains the article Software Architecture To Support Misuse Intrusion
`
`Detection (Exhibit CS-1025).
`
`11.
`
`Exhibit CS-1026is a true and correct copy of 1996 CERT Advisories.
`
`Exhibit CS-1026 wasprepared and filed under my direction. CS-1026 was
`
`downloaded on September 15, 2017 from
`
`http://resources.sei.cmu.edu/library/asset-view.cfm?assetID=496170. On page 38
`
`of CS-1026, advisory CA-1996-08: Vulnerabilities in PCNFSD is shownto have
`
`been originally issued April 18, 1996.
`
`
`
`12.
`
`On September 1, 2017, I accessed the online records of the IEEE
`
`through the IEEE Xplore Digital Library website located at
`
`http:/Aieeexplore.iece.org/document/1702202/ and coordinated the download of
`
`Exhibit CS-1031. The last three pages of Exhibit CS-1031 are a true and accurate
`
`screenshotof a search record from the [IEEE website identifying a publication date
`
`of February 1987 for the publication entitled An Intrusion-Detection Model.
`
`13.
`
`I declare that all statements made herein on my own knowledgeare
`
`true and that all statements made on information and belief are believed to betrue,
`
`and further, that these statements were made with the knowledgethat willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`
`
`