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`PAUL J. 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
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@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.
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
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`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
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`Plaintiff,
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`v.
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`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`
`
`Defendant.
`
`
`
`
`
`Case No.: 3:17-cv-05659-WHA
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`DECLARATION OF AUSTIN MANES IN
`SUPPORT OF DEFENDANT JUNIPER
`NETWORKS, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
`[Re: Dkt. No. 95]
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`MANES DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case No.: 13-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 104 Filed 06/11/18 Page 2 of 4
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`
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`I, Austin Manes, declare:
`1.
`2.
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`I have personal knowledge of the facts stated herein.
`
`I am licensed to practice law in the State of California and am an attorney at Kramer
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`Levin Naftalis and Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I make this declaration
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`in support of Defendant Juniper Networks, Inc.’s Motion to Seal (Dkt. 95) documents filed in support
`
`of its Motion for Summary Judgment Re Claim 1 of U.S. Patent No. 6,804,780 (Dkt. 96) (“Juniper’s
`
`Brief”), pursuant to Civil Local Rules 79-5(d)-(e).
`3.
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`I have reviewed the following documents and confirmed that they contain information
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`designated “Highly Confidential - Attorneys’ Eyes Only” by Finjan pursuant to the stipulated
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`protective order in this litigation.
`
`
`Identification of the documents to be sealed
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`Juniper’s Brief at p. 25, ll. 1-3, 7-15.
`Exhibit 5 to Juniper’s Brief at p. 48 ll. 1-25; p. 49 ll. 1-25; p.
`225 ll. 7-11.
`Exhibit 7 to Juniper’s Brief at p. 2 ll. 11-21; p. 3 ll. 1-9, 15-20.
`Exhibit 8 to Juniper’s Brief at p. 8 ll. 5-21.
`Rubin Declaration in support of Juniper’s Brief at p. 25 at the
`last two lines of paragraph 96.
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`Entity that designated
`the information as
`confidential
`Finjan
`Finjan
`
`Finjan
`Finjan
`Finjan
`
`4.
`
`Juniper’s Brief at p. 25, ll. 1-3, 7-15 discloses Finjan’s confidential business and
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`licensing practices – specifically the identification of particular third parties and Finjan’s licensing
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`practices and negotiations. Finjan treats its licenses as highly confidential within its business and
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`makes substantial efforts not to disclose the terms of its licenses to the public. If such provisions were
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`made public, it could negatively impact Finjan’s bargaining positions in future licensing negotiations
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`with competitors and no public interest will be served by disclosing this information publicly.
`5.
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`Exhibit 5 to Juniper’s Brief at p. 48 ll. 1-25; p. 49 ll. 1-25; and p. 225 ll. 7-11 disclose
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`Finjan’s confidential business and licensing practices – specifically the identification of particular third
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`1
`MANES DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case 3:17-cv-05659-WHA Document 104 Filed 06/11/18 Page 3 of 4
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`
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`parties and Finjan’s licensing practices and negotiations. Finjan treats its licenses as highly
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`confidential within its business and makes substantial efforts not to disclose the terms of its licenses to
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`the public. If such provisions were made public, it could negatively impact Finjan’s bargaining
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`positions in future licensing negotiations with competitors and no public interest will be served by
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`disclosing this information publicly. A proposed redacted and unredacted version of Exhibit 5 to
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`Juniper’s Brief is attached hereto.
`6.
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`Exhibit 7 to Juniper’s Brief at p. 2 ll. 11-21; p. 3 ll. 1-9, 15-20 disclose Finjan’s
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`confidential business and licensing practices – specifically the identification of particular third parties,
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`licensees, and their products. Finjan treats its licenses as highly confidential within its business and
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`makes substantial efforts not to disclose the terms of its licenses to the public. If such provisions were
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`made public, it could negatively impact Finjan’s bargaining positions in future licensing negotiations
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`with competitors and no public interest will be served by disclosing this information publicly.
`7.
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`Exhibit 8 to Juniper’s Brief at p. 8 ll. 5-21 discloses Finjan’s confidential business and
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`licensing practices – specifically the identities of third-party licensees. Finjan treats its licenses as
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`highly confidential within its business and makes substantial efforts not to disclose the terms of its
`
`licenses to the public. If such provisions were made public, it could negatively impact Finjan’s
`
`bargaining positions in future licensing negotiations with competitors and no public interest will be
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`served by disclosing this information publicly. A proposed redacted and unredacted version of Exhibit
`
`8 to Juniper’s Brief is attached hereto.
`8.
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`The Rubin Declaration in support of Juniper’s Brief at p. 25 at the last two lines of
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`paragraph 96 discloses the names of confidential file directories for a third-party and also Finjan’s
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`licensee. Finjan maintains the confidentiality of third-party information that has been disclosed to it in
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`litigation or under protective orders. Finjan also treats its licenses as highly confidential within its
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`business and makes substantial efforts not to disclose the terms of its licenses to the public. If such
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`provisions were made public, it could negatively impact Finjan’s bargaining positions in future
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`licensing negotiations with competitors and no public interest will be served by disclosing this
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`information publicly.
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`2
`MANES DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case No.: 13-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 104 Filed 06/11/18 Page 4 of 4
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`above.
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`9.
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`In light of the foregoing, compelling reasons exist to seal the documents described
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`I declare under penalty of perjury under the laws of the United States of America that each of
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`the above statements is true and correct. Executed on June 11, 2018, in Menlo Park, California.
`
`
`/s/ Austin Manes
`Austin Manes
`
`
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`3
`MANES DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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