`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`FINJAN, INC.,
`Plaintiff,
`
` v.
` JUNIPER NETWORK, INC.,
`Defendant.
` /
`
`No. C 17-05659 WHA
`
`ORDER ON ADMINISTRATIVE
`MOTION TO FILE UNDER SEAL
`
`In connection with a discovery motion, defendant Juniper Networks, Inc., filed an
`administrative motion to file under seal Exhibit 1 appended to the motion — which contains
`excerpts from plaintiff Finjan, Inc.’s first supplemental objections and responses to Juniper’s
`first set of interrogatories — in its entirety and limited portions of Juniper’s discovery letter
`brief that reference or quote Exhibit 1 (Dkt. No. 198).
`In this circuit, courts start with a “strong presumption in favor of access” when
`deciding whether to seal records. Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1178
`(9th Cir. 2006) (citing Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir.
`2003)). To seal judicial records in connection with a dispositive motion requires “compelling
`reasons supported by specific factual findings that outweigh the general history of access and
`the public policies favoring disclosure.” See id. at 1178–79 (quotations and citations omitted).
`A particularized showing of “good cause,” however, suffices to warrant sealing of judicial
`records in connection with a non-dispositive motion. Id. at 1179–80.
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`For the Northern District of California
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`United States District Court
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`Case 3:17-cv-05659-WHA Document 208 Filed 10/09/18 Page 2 of 2
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`Finjan’s supporting declaration states that the information in connection with Exhibit 1
`describes Finjan’s confidential licensing practices and license agreements with third parties
`(Dkt. No. 204 ¶ 3). This order finds that Finjan’s claim of potential competitive harm upon
`public disclosure is insufficient to show good cause to seal. Juniper’s administrative motion is
`DENIED. Finjan will be given TWO WEEKS to seek appellate review of this order. Thereafter,
`absent order from the United States Court of Appeals for the Federal Circuit, Juniper shall file
`unredacted versions of the aforementioned documents by OCTOBER 25 AT NOON.
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`IT IS SO ORDERED.
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`Dated: October 9, 2018.
`
`
`WILLIAM ALSUP
`UNITED STATES DISTRICT JUDGE
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`For the Northern District of California
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`United States District Court
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