Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01 199-SLR Document 360 Filed 06/30/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SRI INTERNATIONAL, INC., a
California Corporation,
Plaintiff and
Counterclaim-Defendant,
V Civil Action No. O4-CV-1199 (SLR)
H\ITERNET SECURITY SYSTEMS,
INC., a Delaware corporation, INTERNET
SECURITY SYSTEMS, INC., a Georgia
Corporation, and SYMANTEC
CORPORATION, a Delaware corporation,
Defendants and
Counterclaim- Plaintiffs.
DECLARATION OF DEBORAH A. FRINCKE
I, Deborah A. Frincke, declareithatz _ _
1. I make this declaration of my own personal knowledge. If called to testify
as to the truth of the matters stated herein, I could and would do so competently.
2. I am Chief Scientist, CyberSecurity at the Pacific Northwest National
Laboratory.
3. The Distributed Intrusion Detection System (DIDS) was a network
intrusion detection system. DIDS was described in several publications, including Snapp
et al., “Intrusion Detection Systems (IDS): A Survey of Existing Systems and A Proposed
Distributed IDS Architecture" (February 1991) and Snapp etal., "DIDS — Motivation,
Architecture, and an Early Prototype," Proc. 14th National Computer Security
Conference, Washington, DC, Oct. 1991, pp. 167-176.
~ 4. I was involved with demonstrating DIDS at the 1992 National Computer
Security Conference (NCSC) held in Baltimore, Maryland on October 13-16, 1992. This
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Case 1 :04-cv-O1 199-SLR Docum
conference was open to the public. Tn order to demonstrate DIDS to conference
0 attendees, we set up a network of computers upon which we installed and ran DIDS. The
denionstration included all components of` the DIDS architecture (LAN Monitor, Host ;
Monitor, and Director) and a user interface that graphically displayed to conference
U attendees DIDS detecting attacks. V l V
S. In preparation for tltc-dcmonsti-ation, I authored a number of computer -
scripts, including computer scripts modeling attacks, `which exercised the capabilities of
DIDS. The purpose ofthe scripts modeling attacks was to allow those demonstrating
DIDS or those conference attendees obsewing the demonstration to launch attacks
against the network of computers that we set up forthe demonstration. During part ofthe
demonstration, we used these scripts to launch attacks, simultaneously explaining tu the
conference attendees the nature ofthe attack and how DIDS wasdetecting the attack.
6. The purpose ofthe demonstration was to disseminate infomation about
DIDS to the public. Because we did not intend to keep secret any details about DIDS, we
answered all questions that conference attendees had about the operation and _
implementation of DIDS. There were no obligations of contidentiality imposed upon the
attendees at the demonstration. No attendee was made to sign a norndisclosure
agreement, nor was there any expectation that the attendees keep secret any details about
DIDS. ° V ’ V l h V
7. l declare under penalty of perjury under the laws ofthe United States that
the foregoing is true and correct to the best of my knowledge. U
Signed on Junc _?;j_, 2006. _
QM e % not
Deborah A. Frincke

Case 1:04-cv-01199-SLR Document 360 Filed 06/30/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on the 30th day of June, 2006, I electronically filed the foregoing
document, DECLARATION OF DEBORAH A. FRINCKE, with the Clerk of the Court using
CM/ECF which will send notification of such filing to the following:
John F. Horvath, Esq. Richard L. Horwitz, Esq.
Fish & Richardson, P.C. David E. Moore, Esq.
919 North Market Street, Suite 1100 Potter Anderson & Corroon LLP
Wilmington, DE 19801 Hercules Plaza
1313 North Market Street, 6th Floor
Wilmington, DE 19801
Additionally, I hereby certify that on the 30th day of June, 2006, the foregoing document
was served via email and by Federal Express on the following non-registered participants:
Howard G. Pollack, Esq. Holmes Hawkins, III, Esq.
Michael J. Curley, Esq. King & Spalding
Fish & Richardson 191 Peachtree Street
500 Arguello Street, Suite 500 Atlanta, GA 30303
Redwood City, CA 94063 404.572.4600
650.839.5070
Theresa Moehlman, Esq.
King & Spalding LLP
1185 Avenue of the Americas
New York, NY 10036-4003
212.556.2l00
/s/ Richard K. Herrmann
Richard K. Herrmann (#405)
Mary B. Matterer (#2696)
Morris, James, Hitchens & Williams LLP
222 Delaware Avenue, 10th Floor
Wilmington, DE 19801
(302) 888-6800
rherrmann@morrisj ames.com
Counsel for Symantec Corporation