5301 Wisconsin Avenue NW | Fourth Floor | Washington, DC 20015 USA
`
`R. William Sigler
`Partner
`Bill.Sigler@FischLLP.com
`Direct: +1.202.362.3520
`Main: +1.202.362.3500
`
`
`
`April 30, 2020
`
`VIA EMAIL
`
`Jonathan T. Suder
`Corby R. Vowell
`Friedman, Suder & Cooke
`604 East 4th Street, Suite 200
`Fort Worth, TX 76102
`jts@fsclaw.com
`vowell@fsclaw.com
`
`Robert Allan Bullwinkel
`Heim, Payne & Chorush, LLP
`1111 Bagby Street, Suite 2100
`Houston, Texas 77002
`abullwinkel@hpcllp.com
`
`Re:
`
`Packet Intelligence LLC v. Juniper Networks, Inc.
`Case No. 3:19-cv-04741-WHO
`
`Dear Counsel:
`
`We have recently become aware that Kevin Almeroth has a conflict of interest in this
`litigation, and thus object to his participation in this case or the related IPRs in any way.
`Juniper previously retained Dr. Almeroth in late 2013 in connection with Juniper’s disputes
`with Palo Alto Networks. More particularly, Dr. Almeroth participated as an expert witness for
`Juniper in IPR2013-00466, IPR2013-00369, Juniper Networks, Inc. v. Palo Alto Networks, Inc.,
`Case No. 1:11-cv-01258-SLR (D. Del.), and Palo Alto Networks, Inc. v. Juniper Networks, Inc.,
`Case No. 4:13-cv-04510-SBA (N.D. Cal.). In the course of his work on these matters, Dr. Almeroth
`provided multiple expert reports and deposition testimony on behalf of Juniper. And Juniper
`compensated Dr. Almeroth $85,808.02 for his work on the PAN cases.
`The technical subject matter in those cases overlaps with that at-issue in this case, including
`flow/session technologies, JUNOS, application identification, and application-layer monitoring.
`Indeed, the same products accused in this case (SRX and MX products) and some of the same
`prior art in this case were also at issue in the prior cases.
`Dr. Almeroth also received and discussed substantial Juniper privileged and confidential
`information in the PAN cases. For instance, Juniper’s outside counsel in those cases, Irell &
`Manella, had multiple conversations with Dr. Almeroth on litigation strategy. And Dr. Almeroth
`
`
`I n t e l l e c t u a l P r o p e r t y T r i a l L awy e r s
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`www.FischLLP.com
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`EX 1111 Page 1
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`- 2 -
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` also discussed substantive arguments regarding Juniper products and prior art, including the issues
`addressed in his expert reports, with Juniper’s counsel.1
`Dr. Almeroth remains obligated to not disclose or use Juniper’s confidential information,
`including legal theories, confidential work product, or any other privileged or confidential
`information belonging to Juniper, except as allowed within the scope of his work for Juniper in its
`disputes with PAN.
`As such, please confirm by May 7:
`1. That neither outside nor in-house counsel for Packet Intelligence have had any
`communications with Dr. Almeroth regarding Juniper’s products or technology.
`2. That neither outside nor in-house counsel for Packet Intelligence have had any
`communications with Dr. Almeroth regarding the accused infringement of
`Juniper’s products.
`3. That neither outside nor in-house counsel for Packet Intelligence have had any
`communications with Dr. Almeroth regarding prior art previously analyzed,
`discussed, or asserted in Dr. Almeroth’s previous representation of Juniper.
`4. That outside and in-house counsel for Packet Intelligence will refrain from any
`substantive communications about the case with Dr. Almeroth going forward.
`5. Whether Packet Intelligence will continue to use Dr. Almeroth as an expert witness
`for claim construction in this case.2
`6. Whether Packet Intelligence will seek to use Dr. Almeroth as an expert witness for
`infringement or invalidity in this case.
`7. Whether Packet Intelligence intends to use Dr. Almeroth as an expert witness in the
`IPRs filed by Juniper challenging the validity of the patents asserted by Packet
`Intelligence.
`Thank you for your attention to these issues, and we look forward to your response. If
`you’d like to discuss any of these issues, we can be available for a call.
`
`Sincerely,
`
`Bill Sigler
`
`cc: All Counsel of Record for Packet Intelligence
`
`1 Additional details about Dr. Almeroth’s work in the PAN cases can be found in the briefing in support of the
`motion to exclude Dr. Almeroth that Juniper filed in Implicit, LLC v. Juniper Networks, Inc., No. 2:19-cv-37 (E.D.
`Tex.). See Dkt. Nos. 177 & 205.
`
`2 To date, Packet Intelligence has not provided a current curriculum vitae for Dr. Almeroth, either under the agreed
`protective order, with his claim construction declaration, or with any other materials. The agreed protective order
`requires that the curriculum vitae include an identification of each entity for which the expert provided services in
`connection with a litigation for the preceding 10 years.
`
`EX 1111 Page 2
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