Case 3:17-cv-05659-WHA Document 156-1 Filed 07/13/18 Page 1 of 3
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`
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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
`
`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 IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`KL3 3175034.1
`
`CASE NO.: 3:17-cv-05659-WHA
`
`
`
`
`
`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 IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
`
`1 2 3 4 5 6 7 8 9
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`10
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`KASTENS DECL. IN SUPPORT OF FINJAN’S
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`KL3 3175034.1
`
`CASE NO.: 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 156-1 Filed 07/13/18 Page 2 of 3
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`
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`I, Kristopher Kastens, declare:
`1.
`I have personal knowledge of the facts stated herein.
`2.
`
`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 Finjan’s Administrative Motion to File Documents Under Seal in connection with its Letter
`
`Brief Opposing Defendant Juniper Networks, Inc.’s (“Juniper”) Motion to Compel.
`3.
`
`I have reviewed the following documents and confirmed that they are designated as
`
`“Highly Confidential – Attorneys’ Eyes Only” by Finjan.
`
`
`Identification of Documents to be Sealed
`
`Entity that Designated the
`Information to be Highly
`Confidential – Attorneys’
`Eyes Only
`
`Finjan
`
`Finjan
`
`Finjan
`
`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)
`Finjan
`Ex. 3 (excerpt from Finjan’s privilege log)
`4.
`Finjan’s Letter Brief Opposing Defendant Juniper’s Motion to Compel redacted portion
`
`at page 1, ¶ 1, discloses Finjan’s highly confidential business information that Finjan has designated as
`
`“Highly Confidential – Attorneys’ Eyes Only.” The redacted portion discloses Finjan’s confidential
`
`business and licensing practices—specifically, Finjan’s licensing practices and negotiations. Finjan
`
`treats its licenses as highly confidential within its business and makes substantial efforts not to disclose
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`the terms of its licenses to the public. If such provisions were made public, it could negatively impact
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`Finjan’s bargaining positions in future licensing negotiations with competitors and no public interest will
`
`be served by disclosing this information publicly.
`5.
`
`The Declaration of John Garland in Support of Plaintiff Finjan Inc.’s Letter Brief
`
`Opposing Defendant Juniper Networks, Inc.’s Motion to Compel redacted portion at ¶ 2, ll. 8-10,
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`discloses highly confidential business information that Finjan has designated as “Highly Confidential –
`
`Attorneys’ Eyes Only.” The redacted portions disclose Finjan’s confidential business and licensing
`1
`
`KASTENS DECL. IN SUPPORT OF FINJAN’S
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`KL3 3175034.1
`
`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 156-1 Filed 07/13/18 Page 3 of 3
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`practices—specifically, Finjan’s licensing practices and negotiations. Finjan treats its licenses as 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 served by disclosing this
`
`information publicly.
`6.
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`Exhibit 1 to Finjan’s Letter Brief contains information that Finjan has designated as
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`“Highly Confidential – Attorneys’ Eyes Only.” The deposition testimony discloses Finjan’s confidential
`
`business and licensing practices—specifically, Finjan’s licensing practices and negotiations. Finjan
`
`treats its licenses as 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 served by disclosing this information publicly.
`7.
`
`Exhibit 3 to Finjan’s Letter Brief contains information that Finjan has designated as
`
`“Highly Confidential – Attorneys’ Eyes Only.” This document discloses Finjan’s confidential business
`
`and licensing practices—specifically, information regarding Finjan’s privileged communications
`
`regarding licensing practices and negotiations. Finjan treats its licenses as 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 served by disclosing this information
`
`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 July 13, 2018, in Menlo Park, California.
`
`
`
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`
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`By: /s/ Kristopher Kastens
` Kristopher Kastens
`
`
`
`
`
`
`
`
`KASTENS DECL. IN SUPPORT OF FINJAN’S
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`KL3 3175034.1
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