Case 6:22-cv-00031-ADA Document 38-7 Filed 05/02/22 Page 1 of 5
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`Exhibit 6
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`Case 6:22-cv-00031-ADA Document 38-7 Filed 05/02/22 Page 2 of 5
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`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`v.
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`CISCO SYSTEMS, INC., a California
`Corporation,
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`Defendant.
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`
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`Case No.: 5:12-CV-00072-BLF
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`____________________________________________________________________________________
`FIRST AMENDED COMPLAINT FOR
`CASE NO. 5:12-CV-00072-BLF
`PATENT INFRINGEMENT
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`Case 6:22-cv-00031-ADA Document 38-7 Filed 05/02/22 Page 3 of 5
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`content delivered over the Internet. Finjan has been awarded, and continues to prosecute, numerous
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`patents covering innovations in the United States and around the world resulting directly from Finjan’s
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`more than decades-long research and development efforts, supported by a dozen inventors, and over
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`$65 million in R&D investments.
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`8.
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`Finjan built and sold software, including application program interfaces (APIs), and
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`appliances for network security using these patented technologies. These products and related
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`customers continue to be supported by Finjan’s licensing partners. At its height, Finjan employed
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`nearly 150 employees around the world building and selling security products and operating the
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`Malicious Code Research Center through which it frequently published research regarding network
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`security and current threats on the Internet. Finjan’s pioneering approach to online security drew
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`equity investments from two major software and technology companies, the first in 2005, followed by
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`the second in 2006. Finjan generated millions of dollars in product sales and related services and
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`support revenues through 2009 when it spun off certain hardware and technology assets in a merger.
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`Pursuant to this merger, Finjan was bound to a non-compete and confidentiality agreement, under
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`which it could not make or sell a competing product or disclose the existence of the non-compete
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`clause. Finjan became a publicly traded company in June 2013, capitalized with $30 million. After
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`Finjan’s obligations under the non-compete and confidentiality agreement expired in March 2015,
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`Finjan re-entered the development and production sector of secure mobile products for the consumer
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`market.
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`9.
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`Finjan and Cisco’s relationship dates back over two decades. In the late 1990’s, the
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`parties entered into an original equipment manufacturer agreement that allowed Cisco to incorporate
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`Finjan’s technology into Cisco’s product. Seeing the value of Finjan’s technology, Cisco made
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`multiple substantial financial investments in Finjan beginning as early as 2004. At the time of these
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`investments, Cisco knew of Finjan’s patent portfolio and patented technology. Cisco continued to gain
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`knowledge about Finjan and its patents and patented technology after investing in Finjan. For
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`example, pursuant to the parties’ agreement, Cisco had an observer attend Finjan’s board of director
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`meetings. Cisco also attended presentations by Finjan in which Finjan discussed its issued and
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
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`2
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`CASE NO. 5:12-CV-00072-BLF
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`Case 6:22-cv-00031-ADA Document 38-7 Filed 05/02/22 Page 4 of 5
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`pending patents and its patented technology. As of June 2013, when Finjan became a publicly traded
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`company, Cisco was the beneficial owner of shares of Finjan, and currently maintains ownership of
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`shares of Finjan. Throughout the years Cisco and Finjan maintained an amicable relationship and
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`consistently collaborated together on cybersecurity. However, in the second half of 2013, Cisco
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`acquired the company Sourcefire, Inc. (“SourceFire”) and integrated that company’s appliances and
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`technology into Cisco’s own product lines. Finjan patents cover technology acquired in the SourceFire
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`deal, along with other unlicensed technologies that Cisco has implemented over the years.
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`10.
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`On November 28, 2000, U.S. Patent No. 6,154,844 (“the ‘844 Patent”), titled SYSTEM
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`AND METHOD FOR ATTACHING A DOWNLOADABLE SECURITY PROFILE TO A
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`DOWNLOADABLE, was issued to Shlomo Touboul and Nachshon Gal. A true and correct copy of
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`the ‘844 Patent is attached to this Complaint as Exhibit 1 and is incorporated by reference herein.
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`11.
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`All rights, title, and interest in the ‘844 Patent have been assigned to Finjan, who is the
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`sole owner of the ‘844 Patent. Finjan has been the sole owner of the ‘844 Patent since its issuance.
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`12.
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`The ‘844 Patent is generally directed towards computer networks, and more
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`particularly, provides a system that protects devices connected to the Internet from undesirable
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`operations from web-based content. One of the ways this is accomplished is by linking a security
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`profile to such web-based content to facilitate the protection of computers and networks from
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`malicious web-based content.
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`13.
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`On October 12, 2004, U.S. Patent No. 6,804,780 (“the ‘780 Patent”), titled SYSTEM
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`AND METHOD FOR PROTECTING A COMPUTER AND A NETWORK FROM HOSTILE
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`DOWNLOADABLES, was issued to Shlomo Touboul. A true and correct copy of the ‘780 Patent is
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`attached to this Complaint as Exhibit 2 and is incorporated by reference herein.
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`14.
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`All rights, title, and interest in the ‘780 Patent have been assigned to Finjan, who is the
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`sole owner of the ‘780 Patent. Finjan has been the sole owner of the ‘780 Patent since its issuance.
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`15.
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`The ‘780 Patent is generally directed towards methods and systems for generating a
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`Downloadable ID. By generating an identification for each examined Downloadable, the system may
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
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`CASE NO. 5:12-CV-00072-BLF
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`Case 6:22-cv-00031-ADA Document 38-7 Filed 05/02/22 Page 5 of 5
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`royalty;
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`D.
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`A determination that Defendant’s infringement has been willful, wanton, and
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`deliberate and that the damages against it be increased up to treble on this basis or for any other basis
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`within the Court’s discretion;
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`E.
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`A finding that this case is “exceptional” and an award to Finjan of its costs and
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`reasonable attorneys’ fees, as provided by 35 U.S.C. § 285;
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`F.
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`An accounting of all infringing sales and revenues, together with post judgment
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`interest and prejudgment interest from the first date of infringement of the ‘844 Patent, the ‘780
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`Patent, the ‘633 Patent, the ‘154 Patent, and the ‘494 Patent; and
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`G.
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`Such further and other relief as the Court may deem proper and just.
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`Dated: March 27, 2017
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`Respectfully submitted,
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`By: /s/ Paul J. Andre
`Paul J. Andre (State Bar No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`
`Attorneys for Plaintiff
`FINJAN, INC.
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`FIRST AMENDED COMPLAINT FOR
`PATENT INFRINGEMENT
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`36
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`CASE NO. 5:12-CV-00072-BLF
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