`
`
`
`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
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`
`
`
`
`Defendant.
`
`Case No.: 3:17-cv-05659-WHA
`
`DECLARATION OF KRISTOPHER
`KASTENS ON BEHALF OF PLAINTIFF
`FINJAN, INC. IN SUPPORT OF
`DEFENDANT JUNIPER NETWORKS,
`INC.’S MOTION FOR ADMINISTRATIVE
`RELIEF TO FILE DOCUMENTS UNDER
`SEAL (DKT. NO. 112)
`
`
`
`
`
`
`
`
`CASE NO.: 3:17-cv-05659-WHA
`KASTENS DECL. IN SUPPORT OF JUNIPER NETWORKS,
`INC.’S ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case 3:17-cv-05659-WHA Document 119 Filed 06/26/18 Page 2 of 3
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`
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`I, Kristopher Kastens, declare:
`1.
`2.
`
`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
`
`Levin Naftalis & Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I make this declaration in
`
`support of Juniper Networks, Inc.’s (“Juniper”) Motion for Administrative Relief to File Documents
`
`Under Seal (Dkt. No. 112, “Motion to Seal”).
`3.
`
`I have reviewed the following documents and confirmed that they are designated as
`
`“Highly Confidential – Attorneys’ Eyes Only” by Finjan pursuant to the protective order in this
`
`litigation.
`
`Identification of the Document to
`be Sealed
`Exhibit A to the Song Declaration
`at page 5, lines 5–8 and 10–14
`Exhibit C to the Song Declaration
`in its entirety
`
`
`
`Entity that Designated the Information to be
`Confidential
`
`Finjan
`
`Finjan
`
`4.
`
`Exhibit A to the Song Declaration at page 5, lines 5–8 and 10–14 discloses Finjan’s
`
`confidential business and licensing practices with Cyphort, Inc., which are subject to a Mutual Non-
`
`Disclosure and Standstill Agreement. Finjan treats its licensing discussions subject to non-disclosure
`
`as highly confidential within its business and makes substantial efforts not to disclose such discussions
`
`to the public. If such provisions were made public, it will negatively impact the bargaining positions
`
`of Finjan in future licensing negotiations with competitors and no public interest will be served by
`
`requiring this information to be disclosed publicly. Attached hereto are redacted and unredacted
`
`versions of Exhibit A to the Song Declaration.
`5.
`
`Exhibit C to the Song Declaration discloses Finjan’s highly confidential business
`
`product. Finjan regularly treats such charts as highly confidential within its business and makes
`
`substantial efforts not to disclose such discussions to the public. If such provisions were made public,
`
`it will negatively impact the bargaining positions of Finjan in future licensing negotiations with
`
`1
`CASE NO.: 3:17-cv-05659-WHA
`KASTENS DECL. IN SUPPORT OF JUNIPER NETWORKS,
`INC.’S ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case 3:17-cv-05659-WHA Document 119 Filed 06/26/18 Page 3 of 3
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`competitors, and no public interest will be served by requiring this information to be disclosed
`
`publicly.
`
`I declare under penalty of perjury under the laws of the United States of America that each
`
`of the above statements is true and correct. Executed on June 26, 2018, in Menlo Park, California.
`
`
`
`
`
`
`
`/s/ Kristopher Kastens
`Kristopher Kastens
`
`
`
`2
`CASE NO.: 3:17-cv-05659-WHA
`KASTENS DECL. IN SUPPORT OF JUNIPER NETWORKS,
`INC.’S ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
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