Case 3:17-cv-05659-WHA Document 156 Filed 07/13/18 Page 1 of 4
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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.
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`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,
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`Defendant.
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`Case No.: 3:17-cv-05659-WHA
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`PLAINTIFF FINJAN, INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`FINJAN’S ADMIN. MOTION TO FILE DOCUMENTS
`UNDER SEAL
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`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 156 Filed 07/13/18 Page 2 of 4
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`I.
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`INTRODUCTION
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`Pursuant to Federal Rule of Civil Procedure 26(c), Civil Local Rules 7-11 and 79-5, Plaintiff,
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`Finjan, Inc. (“Finjan”), brings this Administrative Motion to File Under Seal. The documents identified
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`below contain Finjan’s confidential information, which Finjan has designated as “Highly Confidential –
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`Attorneys’ Eyes Only.” Specifically, there exists good cause and compelling reasons to file the
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`following documents under seal:
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`Identification of Documents to be Sealed
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`Plaintiff Finjan Inc.’s Letter Brief Opposing Defendant
`Juniper Networks, Inc.’s Motion to Compel, at p. 1, ¶ 1
`Declaration of John Garland in Support of Plaintiff Finjan
`Inc.’s Letter Brief Opposing Defendant Juniper Networks,
`Inc.’s Motion to Compel, at ¶ 2, ll. 8-10
`Ex. 1 (excerpts from deposition transcript of Mr. John
`Garland)
`Ex. 3 (excerpt from Finjan’s privilege log)
`II.
`ARGUMENT
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`Entity that Designated the
`Information to be Highly
`Confidential – Attorneys’
`Eyes Only
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`Finjan
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`Finjan
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`Finjan
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`Finjan
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`This Administrative Motion to File Documents Under Seal should be granted because there is
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`good cause and compelling reasons to seal the identified documents. Finjan seeks to seal only those
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`documents and portions of documents that it has identified as containing its confidential information
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`pursuant to the Protective Order.
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`Finjan seeks to seal Finjan’s Letter Brief Opposing Defendant Juniper’s Motion to Compel
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`redacted portions at page 1, ¶ 1, because, as set forth in the accompanying declaration of Kristopher
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`Kastens in Support of this Administrative Motion (“Kastens Sealing Declaration”), these portions
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`contain information that Finjan has designated as “Highly Confidential – Attorneys’ Eyes Only.”
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`Specifically, the redacted portion discloses Finjan’s confidential business and licensing practices—
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`specifically, Finjan’s licensing practices and negotiations. Finjan treats its licenses as highly confidential
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`within its business and makes substantial efforts not to disclose the terms of its licenses to the public. If
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`such 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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`FINJAN’S ADMIN. MOTION TO FILE DOCUMENTS
`UNDER SEAL
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`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 156 Filed 07/13/18 Page 3 of 4
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`information publicly.
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`Finjan also seeks to seal the Declaration of John Garland in Support of Plaintiff Finjan Inc.’s
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`Letter Brief Opposing Defendant Juniper Networks, Inc.’s Motion to Compel redacted portion at ¶ 2, ll.
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`8-10, because, as set forth in the accompanying Kastens Sealing Declaration, this declaration contains
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`information that Finjan has designated as “Highly Confidential – Attorneys’ Eyes Only.” Specifically,
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`these excerpts disclose Finjan’s confidential business and licensing practices—specifically, Finjan’s
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`licensing practices and negotiations. Finjan treats its licenses as highly confidential within its business
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`and makes substantial efforts not to disclose the terms of its licenses to the public. If such provisions
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`were made public, it could negatively impact Finjan’s bargaining positions in future licensing
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`negotiations with competitors and no public interest will be served by disclosing this information
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`publicly.
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`Finjan also seeks to seal Exhibits 1 and 3 to its Letter Brief because, as set forth in the
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`accompanying Kastens Sealing Declaration, these documents contain information that Finjan has
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`designated as “Highly Confidential – Attorneys’ Eyes Only.” Specifically, these excerpts disclose
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`Finjan’s confidential business and licensing practices—specifically, Finjan’s licensing practices and
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`negotiations, and information regarding Finjan’s privileged communications regarding such licensing
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`practices and negotiations, respectively. Finjan 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 licensing
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`negotiations with competitors and no public interest will be served by disclosing this information
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`publicly.
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`Pursuant to Civil Local Rule 79-5, Finjan has filed publicly the relevant excerpts of information
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`that are not confidential. Attached hereto are redacted and unredacted versions of the documents set
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`forth above.
`III. CONCLUSION
`For the foregoing reasons, Finjan respectfully requests that the Court grant its Administrative
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`Motion to File Documents Under Seal.
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`FINJAN’S ADMIN. MOTION TO FILE DOCUMENTS
`UNDER SEAL
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`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 156 Filed 07/13/18 Page 4 of 4
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`Dated: July 13, 2018
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`Respectfully submitted,
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`By: /s/ Kristopher Kastens
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`Paul J. Andre (State Bar No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`Kristopher Kastens (State Bar No. 254797)
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`kkastens@kramerlevin.com
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
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`3
`FINJAN’S ADMIN. MOTION TO FILE DOCUMENTS
`UNDER SEAL
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`CASE NO.: 3:17-cv-05659-WHA
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