`
`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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`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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`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`Case No. 3:17-cv-05659-WHA
`
`DECLARATION OF SHARON SONG ON
`BEHALF OF DEFENDANT JUNIPER
`NETWORKS, INC. IN SUPPORT OF
`FINJAN, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS
`UNDER SEAL (DKT. NO. 153)
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 1 -
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`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
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`Case 3:17-cv-05659-WHA Document 157 Filed 07/16/18 Page 2 of 4
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`DECLARATION OF SHARON SONG
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`I, Sharon Song, declare as follows:
`1.
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`I am an attorney at the law firm of Irell & Manella LLP, counsel of record for
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`Juniper Networks, Inc. (“Juniper”) in the above-captioned matter. I am a member in good
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`standing of the State Bar of California and have been admitted to practice before this Court. I
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`have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could
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`and would testify competently to such facts under oath.
`2.
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`I submit this declaration in support of Finjan, Inc.’s (“Finjan”) Administrative
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`Motion to File Documents Under Seal (Dkt. No. 153), which moves the Court for an order to file
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`under seal the following items related to Juniper:
`
` Select portions of the Table of Contents and pages 2, 6, 7, 9-11, and 14 of Finjan’s
`Reply in Support of Its Motion for Summary Judgment of Infringement of Claim
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`10 of U.S. Patent No. 8,677,494 (“Finjan’s Reply”);
`
` Select portions of pages 1 and 2 of the Declaration of Kristopher Kastens in
`Support of Finjan’s Reply (“Kastens Decl.”); and
`
` Exhibits 4-6, 8, 11 and 13 to the Kastens Decl.
`In this declaration, I explain why the material cited above is sealable pursuant to Civil Local Rule
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`79-5 and provide additional facts in support of Finjan’s Administrative Motion to File Documents
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`Under Seal to the extent that the administrative motion pertains to Juniper.
`1.
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`Exhibit 4 to the Kastens Decl. described above is comprised of excerpts from
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`Finjan’s First Supplemental Objections and Responses to Juniper’s First Set of Interrogatories.
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`These excerpts reflect substantive discussion of the technical underpinnings and development of
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`Juniper’s highly proprietary software—which contains much information that Juniper maintains as
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`trade secrets. Juniper expends significant effort in maintaining the secrecy of its software
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`architecture and development, including, for example, implementing strict screening procedures
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`for visitors to its engineering campus. Public disclosure of essential nonpublic facts about
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`Juniper’s software development could materially impair Juniper’s intellectual property rights and
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`could cause serious competitive consequences to Juniper’s business positioning.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 2 -
`
`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 157 Filed 07/16/18 Page 3 of 4
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`2.
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`Exhibit 5 to the Kastens Decl. described above is comprised of excerpts from the
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`deposition transcript of Juniper’s expert Aviel D. Rubin. The transcript reflects substantive
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`discussion of the technical underpinnings and development of Juniper’s highly proprietary
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`software—which contains much information that Juniper maintains as trade secrets. Juniper
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`expends significant effort in maintaining the secrecy of its software architecture and development,
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`including, for example, implementing strict screening procedures for visitors to its engineering
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`campus. Public disclosure of essential nonpublic facts about Juniper’s software development
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`could materially impair Juniper’s intellectual property rights and could cause serious competitive
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`consequences to Juniper’s business positioning.
`3.
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`Exhibits 6, 8, and 11 to the Kastens Decl. described above are highly confidential
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`documents produced by Juniper to Finjan. These documents have never been made public and
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`contain information related to the technical underpinnings and development of Juniper’s highly
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`proprietary software—which includes much information that Juniper maintains as trade secrets.
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`Juniper expends significant effort in maintaining the secrecy of its software architecture and
`
`development, including, for example, implementing strict screening procedures for visitors to its
`
`engineering campus. Public disclosure of essential nonpublic facts about Juniper’s software
`
`development could materially impair Juniper’s intellectual property rights and could cause serious
`
`competitive consequences to Juniper’s business positioning.
`4.
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`Exhibit 13 to the Kastens Decl. described above contain sealable confidential
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`information that relate to Juniper and Finjan’s confidential licensing and settlement negotiations
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`that both parties regularly treat as highly confidential within their businesses and make substantial
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`efforts not to disclose to the public.
`5.
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`The select portions of the Table of Contents and pages 2, 6, 7, 9-11, and 14 of
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`Finjan’s Reply; and the selection portions of pages 1 and 2 of the Kastens Decl. described above
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`paraphrase or refer to the information contained in Exhibits 4-6, 8, 11 and 13 to the Kastens Decl.,
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`which reflect Juniper’s highly confidential information relating to Juniper’s technical
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`underpinning and development of Juniper’s highly proprietary software and/or Juniper and
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`Finjan’s licensing and settlement negotiations. Juniper expends significant effort in maintaining
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 3 -
`
`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 157 Filed 07/16/18 Page 4 of 4
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`the secrecy of such information. Public disclosure of essential nonpublic facts about Juniper’s
`
`software development and/or licensing and settlement negotiations could materially impair
`
`Juniper’s intellectual property rights and could cause serious competitive consequences to
`
`Juniper’s business positioning.
`6.
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`In light of the foregoing, there are compelling reasons to seal the documents
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`described above.
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`Executed on July 16, 2018 in Los Angeles, California.
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct to the best of my knowledge.
`
`
`
` /s/ Sharon Song
`Sharon Song
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 4 -
`
`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`