Case 3:17-cv-05659-WHA Document 228-2 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.
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`)
`Case No. 3:17-cv-05659-WHA
`)
`
`DECLARATION OF SHARON SONG IN
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`SUPPORT OF 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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`FINJAN, INC.,
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`Plaintiff,
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`vs.
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`JUNIPER NETWORKS, INC.,
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`Defendant.
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`L & MANELLA LLP
`stered Limited Liability
`
`10125765
`
`
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`- 1 -
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`DECLARATION OF SHARON SONG ISO JUNIPER’S
`MOTION FOR ADMINISTRATIVE RELIEF
`TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 228-2 Filed 11/12/18 Page 2 of 4
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`DECLARATION OF SHARON SONG
`I, Sharon Song, declare as follows:
`1.
`I am an attorney at the law firm of Irell & Manella LLP, counsel of record for
`Juniper Networks, Inc. (“Juniper”) in the above-captioned matter. I am a member in good
`standing of the State Bar of California and have been admitted to practice before this Court. I
`have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could
`and would testify competently to such facts under oath.
`2.
`I submit this declaration in support of Juniper’s November 12, 2018 Motion for
`Administrative Relief to File Documents Under Seal, which asks the Court for an Order 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.
`3.
`The sealed portions of the documents described above that Juniper seeks to file
`under seal contain confidential information of Juniper and Finjan. In this declaration, I explain
`why these materials are sealable pursuant to Civil Local Rule 79-5.
`4.
`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
`
`10125765
`
`
`
`- 2 -
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`DECLARATION OF SHARON SONG ISO JUNIPER’S
`MOTION FOR ADMINISTRATIVE RELIEF
`TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 228-2 Filed 11/12/18 Page 3 of 4
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`5.
`Exhibit 2 to the Brief are excerpts of the deposition transcript of Finjan employee
`John Garland that have been designated confidential by Finjan.
`6.
`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.
`7.
`Exhibit 6 to the Brief are excerpts of the deposition transcript of Finjan employee
`Philip Hartstein that have been designated confidential by Finjan.
`8.
`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.
`9.
`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.
`10.
`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.
`11.
`The redacted portions of the Brief directly quote or reference the confidential
`materials discussed above.
`12.
`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.
`13.
`Exhibits 1, 5, 7, and 10; the redacted portions of the Declaration of Alexander
`
`L & MANELLA LLP
`stered Limited Liability
`
`10125765
`
`
`
`- 3 -
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`DECLARATION OF SHARON SONG ISO JUNIPER’S
`MOTION FOR ADMINISTRATIVE RELIEF
`TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 228-2 Filed 11/12/18 Page 4 of 4
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`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.
`14.
`Exhibits 2 and 6 were designated confidential by Finjan.
`15.
`For these reasons, the documents described above should be filed under seal.
`Executed on November 12, 2018, at Los Angeles, California.
`I declare under penalty of perjury under the laws of the United States of America that the
`foregoing is true and correct to the best of my knowledge.
`
`
`
` /s/ Sharon Song
` Sharon Song
`
`
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`L & MANELLA LLP
`stered Limited Liability
`
`10125765
`
`
`
`- 4 -
`
`DECLARATION OF SHARON SONG ISO JUNIPER’S
`MOTION FOR ADMINISTRATIVE RELIEF
`TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`