UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Cisco Systems, Inc.,
`
`Petitioner,
`
`FINJAN, Inc.,
`
`Patent Owner.
`
`DECLARATION OF JUSTUS L. GETTY, ES! 2.
`
`CS-1028
`Cisco Systems, Inc. v. Finjan, Inc.
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Cisco Systems, Inc.,
`
`Petitioner,
`
`FINJAN, Inc.,
`
`Patent Owner.
`
`DECLARATION OF JUSTUS L. GETTY, ES! 2.
`
`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 knowledge of the facts stated
`
`below.
`
`I am over the age of eighteen (18) and otherwise competent to make this
`
`declaration.
`
`2.
`
`Exhibit CS-lOlO is a true and correct copy of User Guide: WebScanX
`
`for Windows 3. Ix, Windows 95, and Windows NT, by McAfee Associates, Inc.
`
`(1997). Exhibit CS—lOlO was prepared and filed under my direction.
`
`3.
`
`Exhibit CS-1013 is a true and correct copy of Dynamic Detection and
`
`Classification of Computer Viruses Using General Behavior Patterns, by Morton
`
`Swimmer, which corresponds to the declaration of John Hawes at Exhibit CS—
`
`1038. Exhibits CS-1013 and CS—1038 were prepared and filed under my direction.
`
`Exhibit CS-1038 is the declaration of John Hawes and a copy of the article as
`
`admitted into evidence in IPR2016—01444. The declaration of John Hawes states a
`
`publication date of September 1995. ,
`
`4.
`
`Exhibit CS—lOlS 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—lOlS was
`
`prepared and filed under my direction. Exhibit CS-lO l 5 was retrieved from the
`
`
`
`Microsoft News Center on June 8, 2017 at
`
`https ://news.microsoft.com/ 1 996/0 8/07/microsoft—and—verisign-provide-first-
`
`technology—for—secure—downloading-of—software-over-the—internet/.
`
`5.
`
`Pursuant to 15 U.S.C § 1151 et seq. and § 3704b, the National
`
`Technical Information Service (NTIS) was established within the Department of
`
`Commerce as “a clearinghouse for the collection and dissemination of scientific,
`
`technical, and engineering information” and to take steps “to search, collect,
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`classify coordinate, integrate, record, and catalog such information from whatever
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`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, l 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, l accessed the online records of the NIST
`
`through the NTST 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 I ofthe Proceedings ofthe Mth
`
`National Computer Security Conference (October 1-4, 1991), which includes
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`Identz'jying and Controlling Undesirahle Programs Behaviors.
`
`8.
`
`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—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 PA CL ’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://ieeexp_lore.ieee.orgldocurnent/S02681/ 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.gov/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 I .' Making Security Real,
`
`which contains the article Software Architecture To Support Misuse Intrusion
`
`Detection (Exhibit CS—1025).
`
`11.
`
`Exhibit CS—1026 is a true and correct copy of 1996 CERT Advisories.
`
`Exhibit CS-1026 was prepared 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 shown to 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://ieeexplore.ieee.orgzdocument/ 1702202/ and coordinated the download of
`
`Exhibit CS—103l. The last three pages of Exhibit CS-1031 are a true and accurate
`
`screenshot of 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 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 Section 1001 of Title 18 of the United States Code.
`
`
`
`
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