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DECLARATION OF NICOLE GRIGG IN SUPPORT OF CISCO’S NOTICE RE: THE IMPACT OF COVID-19 PANDEMIC

CASE NO. 5:17-CV-00072-BLF-SVK 

DUANE MORRIS LLP 

D. Stuart Bartow (CA SBN 233107)

dsbartow@duanemorris.com

Nicole E. Grigg (CA SBN 307733)

negrigg@duanemorris.com

2475 Hanover Street

Palo Alto, CA 94304-1194

Telephone: 650.847.4150

Facsimile: 650.847-4151

DUANE MORRIS LLP 

Joseph A. Powers (PA SBN 84590) 

Admitted Pro Hac Vice 

japowers@duanemorris.com 

Jarrad M. Gunther (PA SBN 207038) 

Admitted Pro Hac Vice 

jmgunther@duanemorris.com 

30 South 17th Street 

Philadelphia, PA 19103 

Telephone: 215.979.1000 

Facsimile: 215.979.1020 

Attorneys for Defendant 

CISCO SYSTEMS, INC. 

DUANE MORRIS LLP 

L. Norwood Jameson (GA SBN 003970)

Admitted Pro Hac Vice

wjameson@duanemorris.com

Matthew C. Gaudet (GA SBN 287789)

Admitted Pro Hac Vice

mcgaudet@duanemorris.com

David C. Dotson (GA SBN 138040)

Admitted Pro Hac Vice

dcdotson@duanemorris.com

John R. Gibson (GA SBN 454507)

Admitted Pro Hac Vice

jrgibson@duanemorris.com

Jennifer H. Forte (GA SBN 940650)

Admitted Pro Hac Vice

jhforte@duanemorris.com

1075 Peachtree NE, Suite 2000

Atlanta, GA 30309

Telephone: 404.253.6900

Facsimile: 404.253.6901

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FINJAN, INC., a Delaware Corporation, 

Plaintiff, 

v. 

CISCO SYSTEMS, INC., a California 

Corporation, 

Defendant. 

Case No.: 5:17-cv-00072-BLF-SVK

DECLARATION OF NICOLE E. GRIGG IN 

SUPPORT OF DEFENDANT CISCO 

SYSTEMS, INC.’S NOTICE RE THE 

IMPACT OF THE COVID-19 PANDEMIC 

ON THE JUNE 1 TRIAL DATE 

REDACTED

Case 5:17-cv-00072-BLF Document 587-6 Filed 04/28/20 Page 1 of 5
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DECLARATION OF NICOLE GRIGG IN SUPPORT OF CISCO’S NOTICE RE: THE IMPACT OF COVID-19 PANDEMIC

CASE NO. 5:17-CV-00072-BLF-SVK 

1 

I, Nicole E. Grigg, declare as follows: 

1. I am an attorney at the law firm of Duane Morris LLP and am counsel for Defendant 

Cisco Systems, Inc. (“Cisco”). I have personal knowledge of the matters set forth in this Declaration, 

and if called as a witness, could and would testify competently to such facts under oath. I submit 

this Declaration in support of Cisco’s Notice Re the Impact of the COVID-19 Pandemic on the June 

1 Trial Date. 

2. Most of Cisco’s witnesses will be traveling by air to San Jose from around the country 

(and, in four instances, from outside of the United States) for this trial. These witnesses and the 

locations from which they would be flying are as follows: 

 

i. Stephen Becker (expert witness): Austin, Texas 

j. Patrick McDaniel (expert witness): State College, Pennsylvania 

k. Atul Prakash (expert witness): Ann Arbor, Michigan 

l. Walter Overby (expert witness): Des Moines, Iowa 

3. Trial counsel for Cisco will be traveling to San Jose from Atlanta, Georgia and 

Philadelphia, Pennsylvania. 

4. At least some of Cisco’s witnesses and family members of Cisco’s fact witnesses, 

experts, and trial team are considered at higher risk for severe illness from COVID-19. 

Case 5:17-cv-00072-BLF Document 587-6 Filed 04/28/20 Page 2 of 5
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DECLARATION OF NICOLE GRIGG IN SUPPORT OF CISCO’S NOTICE RE: THE IMPACT OF COVID-19 PANDEMIC

CASE NO. 5:17-CV-00072-BLF-SVK 

2 

 

6. Phillip Kwok did the coding for a disputed aspect of an AMP product. 

7. Srinivas Kuruganti was going to attend trial to provide testimony on the AMP for 

ESA product. 

 

9. Attached hereto as Exhibit A is a true and accurate copy of excerpts from the March 

26, 2020 transcript of proceedings before Judge Freeman. 

10. Attached hereto as Exhibit B is a true and accurate copies of guidelines accessed 

from the Centers for Disease Control and Prevention’s website titled “Coronavirus and Travel in the 

United States” and “COVID-19 Travel Recommendations by Country.” 

11. Attached hereto as Exhibit C is a true and accurate copy of a press release accessed 

from the Santa Clara County Public Health website titled, “Joint Statement of the Seven Bay Area 

Health Officers on Upcoming Extension and Revisions to the Current Shelter-in-Place Orders,” 

Case 5:17-cv-00072-BLF Document 587-6 Filed 04/28/20 Page 3 of 5
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DECLARATION OF NICOLE GRIGG IN SUPPORT OF CISCO’S NOTICE RE: THE IMPACT OF COVID-19 PANDEMIC

CASE NO. 5:17-CV-00072-BLF-SVK 

3 

dated April 27, 2020. 

12. Attached hereto as Exhibit D is a true and accurate copy of an article accessed from 

the Centers for Disease Control and Prevention’s website titled, “People Who Need to Take Extra 

Precautions.” 

13. Attached hereto as Exhibit E is a true and accurate copy of a publication accessed 

from the Canadian Government’s website titled, “Pandemic COVID-19 all countries: avoid nonessential travel outside Canada,” updated April 19, 2020. 

14. Attached hereto as Exhibit F is a true and accurate copy of guidelines accessed from 

the Centers for Disease Control and Prevention’s website titled, “Social Distancing, Quarantine, and 

Isolation.” 

15. Attached hereto as Exhibit G is a true and accurate copy of General Order No. 72 

from the Northern District of California titled, “In Re: Coronavirus Disease Public Health 

Emergency.” 

16. Attached hereto as Exhibit H is a true and accurate copy of Executive Order N-33-

20 for the State of California proclaiming a state of emergency for the State due to COVID-19. 

17. Attached hereto as Exhibit I is a true and accurate copy of guidelines accessed from 

the White House’s website titled, “Opening Up America Again.” 

18. Attached hereto as Exhibit J is a true and accurate copy of projections accessed from 

the Institute of Health Metrics and Evaluation’s website titled, “COVID-19 estimation updates – 

COVID-19: What’s New for April 22, 2020.” 

19. Attached hereto as Exhibit K is a true and accurate copy of a statement from Acting 

Secretary Chad Wolf on Non-Essential Travel, dated April 20, 2020, accessed from the U.S. 

Department of Homeland Security’s website. 

20. Attached hereto as Exhibit L is a true and accurate copy of guidelines accessed from 

www.pandemic.internationalsos.com titled, “Travel Restrictions, Flight Operations and Screening.” 

21. Attached hereto as Exhibit M is a true and accurate copy of a fact sheet titled “DHS 

Notice of Arrival Restrictions on China, Iran and Certain Countries of Europe,” released March 17, 

2020, and accessed from the U.S. Department of Homeland Security’s website. 

Case 5:17-cv-00072-BLF Document 587-6 Filed 04/28/20 Page 4 of 5
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DECLARATION OF NICOLE GRIGG IN SUPPORT OF CISCO’S NOTICE RE: THE IMPACT OF COVID-19 PANDEMIC

CASE NO. 5:17-CV-00072-BLF-SVK 

4 

22. Attached hereto as Exhibit N is a true and accurate copy of an article by Alix 

Martichoux titled, “When will California reopen? Here’s when researchers project California can 

start to lift restrictions,” dated April 23, 2020, accessed from www.abc7news.com. 

23. Attached hereto as Exhibit O is a true and accurate copy of the Order of the Health 

Officer of the County of Santa Clara, California, dated March 31, 2020. 

24. Attached hereto as Exhibit P is a true and accurate copy of an article titled, “Courts 

Begin to Consider Guidelines for Reopening,” dated April 27, 2020, accessed from 

www.uscourts.gov. 

25. Attached hereto as Exhibit Q is a true and accurate copy of an article titled, “Newsom 

Says State Expects to Reopen Economy in Phases,” dated April 28, 2020. 

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. Executed on April 28, 2020, in Alameda, California. 

/s/ Nicole E. Grigg 

 Nicole E. Grigg 

Case 5:17-cv-00072-BLF Document 587-6 Filed 04/28/20 Page 5 of 5