Case 3:17-cv-05659-WHA Document 228 Filed 11/12/18 Page 1 of 4
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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
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`Case No. 3:17-cv-05659-WHA
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`DEFENDANT JUNIPER NETWORKS,
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`INC.’S MOTION FOR
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`ADMINISTRATIVE RELIEF TO FILE
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`DOCUMENTS UNDER SEAL
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`
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`Judge: Hon. William Alsup
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`FINJAN, INC.,
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`Plaintiff,
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`vs.
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`JUNIPER NETWORKS, INC.,
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`Defendant.
`
`
`
`L & MANELLA LLP
`stered Limited Liability
`
`1012560
`
`
`
`
`
`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 228 Filed 11/12/18 Page 2 of 4
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`NOTICE OF MOTION AND MOTION
`TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
`PLEASE TAKE NOTICE THAT pursuant to Federal Rule of Civil Procedure 5.2(d) and
`Civil Local Rules 7-11 and 79-5, Defendant Juniper Networks, Inc. (“Juniper”) respectfully moves
`the Court for an Order instructing the Clerk of the Court to file under seal the following
`documents:
`• Juniper’s unredacted Notice of Motion and Motion to Exclude the Testimony of Mr. Kevin
`M. Arst; Memorandum of Points & Authorities in Support Thereof (the “Brief”);
`• Exhibit 1 to the Brief (the Expert Report of Kevin M. Arst);
`• Exhibit 2 to the Brief (excerpts from the deposition transcript of Finjan employee John
`Garland);
`• Exhibit 5 to the Brief (excerpts from the Rebuttal Expert Report of Keith R. Ugone);
`• Exhibit 6 to the Brief (excerpts from the deposition transcript of Finjan employee Philip
`Hartstein);
`• Exhibit 7 to the Brief (excerpts from the deposition transcript of Finjan’s expert Kevin M.
`Arst);
`• Exhibit 10 to the Brief (excerpts from the Expert Report of Dr. Eric Cole); and
`• Unredacted Declaration of Alexander Icasiano in support of the Brief.
`This motion is based upon this Notice of Motion; the accompanying Memorandum of Points and
`Authorities; the Declaration of Sharon Song (the “Sealing Declaration”); such other evidence and
`arguments as the Court may consider; and all other matters of which the Court may take judicial
`notice.
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`MEMORANDUM OF POINTS AND AUTHORITIES
`Pursuant to Federal Rule of Civil Procedure 5.2(d) and Civil Local Rules 7-11 and 79-5,
`Juniper hereby submits a request for an Order instructing the Clerk of the Court to file under seal
`the unredacted documents described above.
`Exhibit 1 to the Brief is the Expert Report of Finjan’s expert Kevin M. Arst that includes
`discussion of Finjan and Juniper’s confidential financial, licensing, and/or technical information.
`
`L & MANELLA LLP
`stered Limited Liability
`
`1012560
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`
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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 228 Filed 11/12/18 Page 3 of 4
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`Exhibit 2 to the Brief are excerpts of the deposition transcript of Finjan employee John
`Garland that have been designated confidential by Finjan.
`Exhibit 5 to the Brief are excerpts of the Rebuttal Expert Report of Keith R. Ugone that
`include discussion of Finjan and Juniper’s confidential financial, licensing, and/or technical
`information.
`Exhibit 6 to the Brief are excerpts of the deposition transcript of Finjan employee Philip
`Hartstein that have been designated confidential by Finjan.
`Exhibit 7 to the Brief are excerpts of the deposition transcript of Finjan’s expert Kevin M.
`Arst that include discussion of Finjan and Juniper’s confidential financial, licensing, and/or
`technical information.
`Exhibit 10 to the Brief are excerpts of the Expert Report of Dr. Eric Cole that include
`discussion of Finjan and Juniper’s confidential financial, licensing, and/or technical information.
`The redacted portions of the Declaration of Alexander Icasiano in support of the Brief
`include discussion of Juniper’s confidential technical and financial information related to Juniper’s
`highly proprietary software.
`The redacted portions of the Brief directly quote or reference the confidential materials
`discussed above.
`As discussed in the Sealing Declaration, Exhibits 1, 5, 7, and 10; the redacted portions of
`the Declaration of Alexander Icasiano; and the redacted portions of the Brief contain sealable
`confidential information that relate to the financial material concerning and technical
`underpinnings and development of Juniper’s highly proprietary software—which includes much
`information that Juniper maintains as trade secrets. 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.
`As further discussed in the Sealing Declaration, Exhibits 1, 5, 7, and 10; the redacted
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`L & MANELLA LLP
`stered Limited Liability
`
`1012560
`
`
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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 228 Filed 11/12/18 Page 4 of 4
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`portions of the Declaration of Alexander Icasiano; and the redacted portions of the Brief also
`contain sealable confidential information that relate to Juniper and Finjan’s confidential licensing
`information that both parties regularly treat as highly confidential within their businesses and
`make substantial efforts not to disclose to the public.
`Also as discussed in the Sealing Declaration, Exhibits 2 and 6 were designated confidential
`by Finjan.
`This request is narrowly tailored to seal only that material for which compelling reasons to
`seal have been established. The bases for this request are set forth in further detail in the
`accompanying Sealing Declaration. On these grounds, Juniper respectfully requests that the Court
`order sealed the redacted portions of the documents described above.
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`Dated: November 12, 2018
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`Respectfully submitted,
`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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`L & MANELLA LLP
`stered Limited Liability
`
`1012560
`
`
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`- 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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