Case 3:17-cv-05659-WHA Document 125 Filed 06/28/18 Page 1 of 5
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`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua P. Glucoft (SBN 301249)
`jglucoft@irell.com
`Casey Curran (SBN 305210)
`ccurran@irell.com
`Sharon Song (SBN 313535)
`ssong@irell.com
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067-4276
`Telephone: (310) 277-1010
`Facsimile: (310) 203-7199
`
`Rebecca L. Carson (SBN 254105)
`rcarson@irell.com
`Kevin Wang (SBN 318024)
`kwang@irell.com
`840 Newport Center Drive, Suite 400
`Newport Beach, California 92660-6324
`Telephone: (949) 760-0991
`Facsimile: (949) 760-5200
`
`Attorneys for Defendant
`JUNIPER NETWORKS, INC.
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`Case No. 3:17-cv-05659-WHA
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`DEFENDANT JUNIPER NETWORKS,
`INC.’S MOTION FOR
`ADMINISTRATIVE RELIEF TO FILE
`DOCUMENTS UNDER SEAL
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`Judge: Hon. William Alsup
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`FINJAN, INC.,
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`Plaintiff,
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`JUNIPER NETWORKS, INC.,
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`vs.
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`Defendant.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`
`
`JUNIPER’S MOTION FOR ADMINISTRATIVE RELIEF TO
`FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 125 Filed 06/28/18 Page 2 of 5
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`NOTICE OF MOTION AND MOTION
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`TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
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`PLEASE TAKE NOTICE THAT pursuant to Federal Rule of Civil Procedure 5.2(d) and
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`Civil Local Rules 7-11 and 79-5, Defendant Juniper Networks, Inc. (“Juniper”) respectfully moves
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`the Court for an Order instructing the Clerk of the Court to file under seal the following
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`documents:
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` Juniper’s unredacted Opposition to Finjan’s Motion for Summary Judgment of
`Infringement of Claim 10 of U.S. Patent No. 8,677,494 (the “Brief”);
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` Exhibit 2 to the Brief (excerpts from the deposition transcript of Finjan employee John
`Garland);
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` Unredacted Exhibit 3 to the Brief (excerpts from the deposition transcript of Juniper
`employee Yuly Tenorio);
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` Unredacted Exhibit 4 to the Brief (excerpts from the deposition transcript of Finjan’s
`expert Eric B. Cole);
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` Exhibit 7 to the Brief (excerpts from Juniper’s source code);
` Exhibit 8 to the Brief (excerpts from Finjan’s Objections and Responses to Juniper’s First
`Set of Requests for Admission);
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` Exhibit 9 to the Brief (excerpts from Finjan’s Objections and Responses to Juniper’s First
`Set of Interrogatories);
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` Exhibit 10 to the Brief (excerpts from Finjan’s First Supplemental Objections and
`Responses to Juniper’s First Set of Interrogatories);
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` Unredacted Declaration of Rebecca Carson in support of the Brief;
` Unredacted Declaration of Scott J. Coonan in support of the Brief, including Exhibit A
`attached thereto;
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` Unredacted Declaration of Chandra Nagarajan in support of the Brief;
` Unredacted Declaration of Aviel D. Rubin in support of the Brief.
`This motion is based upon this Notice of Motion; the accompanying Memorandum of Points and
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`Authorities; the Declaration of Sharon Song (the “Sealing Declaration”); such other evidence and
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`- 1 -
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`JUNIPER’S MOTION FOR ADMINISTRATIVE RELIEF TO
`FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

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`Case 3:17-cv-05659-WHA Document 125 Filed 06/28/18 Page 3 of 5
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`arguments as the Court may consider; and all other matters of which the Court may take judicial
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`notice.
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`MEMORANDUM OF POINTS AND AUTHORITIES
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`Pursuant to Federal Rule of Civil Procedure 5.2(d) and Civil Local Rules 7-11 and 79-5,
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`Juniper hereby submits a request for an Order instructing the Clerk of the Court to file under seal
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`the unredacted documents described above.
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`Exhibit 2 to the Brief are excerpts of the deposition transcript of Finjan employee John
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`Garland that have been designated confidential by Finjan.
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`The redacted portions of Exhibit 3 to the Brief are excerpts of the deposition transcript of
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`Juniper employee Yuly Tenorio that include discussion of Juniper’s confidential technical
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`information related to Juniper’s highly proprietary software.
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`The redacted portions of Exhibit 4 to the Brief are excerpts of the deposition transcript of
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`Finjan’s expert Eric B. Cole that include discussion of Juniper’s confidential technical information
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`related to Juniper’s highly proprietary software.
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`Exhibit 7 to the Brief are excerpts from Juniper’s source code that include Juniper’s
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`confidential technical information related to Juniper’s highly proprietary software.
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`Exhibit 8 to the Brief are excerpts from Finjan’s Objections and Responses to Juniper’s
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`First Set of Requests for Admission that have been designated confidential by Finjan.
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`Exhibit 9 to the Brief are excerpts from Finjan’s Objections and Responses to Juniper’s
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`First Set of Interrogatories that have been designated confidential by Finjan.
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`Exhibit 10 to the Brief are excerpts from Finjan’s First Supplemental Objections and
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`Responses to Juniper’s First Set of Interrogatories that have been designated confidential by
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`Finjan.
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`The redacted portion of the Declaration of Rebecca Carson in support of the Brief includes
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`discussion of Juniper’s confidential financial information related to Juniper’s highly proprietary
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`software.
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`The redacted portions of the Declaration of Scott J. Coonan in support of the Brief,
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`including Exhibit A attached thereto, include discussion of Juniper and Finjan’s confidential
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`- 2 -
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`JUNIPER’S MOTION FOR ADMINISTRATIVE RELIEF TO
`FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

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`Case 3:17-cv-05659-WHA Document 125 Filed 06/28/18 Page 4 of 5
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`licensing and settlement negotiations.
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`The redacted portions of the Declaration of Chandra Nagarajan in support of the Brief
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`include discussion of Juniper’s confidential technical and financial information related to Juniper’s
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`highly proprietary software.
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`The redacted portions of the Declaration of Aviel D. Rubin in support of the Brief include
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`discussion of Juniper’s confidential technical information related to Juniper’s highly proprietary
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`software.
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`The redacted portions of the Brief directly reference the confidential materials discussed
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`above. The redacted portions of the Brief at 16:7-17:1 and 20:14-16 have been designated
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`confidential by Finjan. All other redacted portions of the Brief include discussion of Juniper’s
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`confidential technical and financial information related to Juniper’s highly proprietary software, or
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`Juniper’s confidential licensing and settlement negotiations with Finjan.
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`As discussed in the Sealing Declaration, the redacted portions of Exhibits 3 and 4; Exhibit
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`7; the redacted portions of the Declarations of Rebecca Carson, Chandra Nagarajan, and Aviel D.
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`Rubin; and the redacted portions of the Brief (excluding the redactions at 16:7-17:1 and 19:16-
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`21:28) contain sealable confidential information that relate to the technical underpinnings and
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`development of Juniper’s highly proprietary software—which includes much information that
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`Juniper maintains as trade secrets. Juniper expends significant effort in maintaining the secrecy of
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`its software architecture and development, including, for example, implementing strict screening
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`procedures for visitors to its engineering campus. Public disclosure of essential nonpublic facts
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`about Juniper’s software development could materially impair Juniper’s intellectual property
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`rights and could cause serious competitive consequences to Juniper’s business positioning.
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`Also as discussed in the Sealing Declaration, the redacted portions of the Declaration of
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`Scott J. Coonan and the redacted portions of the Brief at 19:16-20:10 and 20:16-21:28 contain
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`sealable confidential information that relate to Juniper and Finjan’s confidential licensing and
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`settlement negotiations that both parties regularly treat as highly confidential within their
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`businesses and make substantial efforts not to disclose to the public.
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`Also as discussed in the Sealing Declaration, Exhibits 2 and 8-10; and the redacted
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`- 3 -
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`JUNIPER’S MOTION FOR ADMINISTRATIVE RELIEF TO
`FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

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`Case 3:17-cv-05659-WHA Document 125 Filed 06/28/18 Page 5 of 5
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`portions of the Brief at 16:7-17:1 and 20:14-16 were designated confidential by Finjan.
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`This request is narrowly tailored to seal only that material for which compelling reasons to
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`seal have been established. The bases for this request are set forth in further detail in the
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`accompanying Sealing Declaration. On these grounds, Juniper respectfully requests that the Court
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`order sealed the redacted portions of the documents described above.
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`Dated: June 28, 2018
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`Respectfully submitted,
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`IRELL & MANELLA LLP
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`By:
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` /s/ Sharon Song
`Sharon Song
`Attorneys for Defendant
`Juniper Networks, Inc.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`- 4 -
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`JUNIPER’S MOTION FOR ADMINISTRATIVE RELIEF TO
`FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`