Case 3:17-cv-05659-WHA Document 236 Filed 11/19/18 Page 1 of 5
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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
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`Case No. 3:17-cv-05659-WHA
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`DEFENDANT JUNIPER NETWORKS,
`INC.’S MOTION FOR
`ADMINISTRATIVE RELIEF TO FILE
`DOCUMENTS UNDER SEAL
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`Judge: Hon. William Alsup
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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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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`
`
`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 236 Filed 11/19/18 Page 2 of 5
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`NOTICE OF MOTION AND MOTION
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`TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
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`PLEASE TAKE NOTICE THAT pursuant to Federal Rule of Civil Procedure 5.2(d) and
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`Civil Local Rules 7-11 and 79-5, Defendant Juniper Networks, Inc. (“Juniper”) respectfully moves
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`the Court for an Order instructing the Clerk of the Court to file under seal the following
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`documents:
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` Juniper’s unredacted Opposition to Finjan’s Motion to Exclude Opinions of Damages
`Expert Dr. Keith R. Ugone (the “Brief”);
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` Exhibit 1 to the Brief (excerpts from the November 14, 2018 deposition transcript of
`Finjan’s expert Dr. Eric B. Cole);
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` Exhibit 3 to the Brief (excerpts from the deposition transcript of Juniper employee Michael
`A. Bushong);
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` Exhibit 5 to the Brief (excerpts from the deposition transcript of Juniper’s expert Keith R.
`Ugone)
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` Exhibit 6 to the Brief (excerpts from the deposition transcript of Finjan’s expert Kevin M.
`Arst);
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` Exhibit 7 to the Brief (excerpts from the Expert Report of Dr. Eric B. Cole);
` Exhibit 8 to the Brief (excerpts from the June 21, 2018 deposition transcript of Finjan’s
`expert Dr. Eric B. Cole);
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` Exhibit 9 to the Brief (excerpts of Juniper’s source code);
` Exhibit 10 to the Brief (excerpts from the Expert Damages-Related Rebuttal Report of
`Aviel D. Rubin);
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` Exhibit 12 to the Brief (email correspondence between Juniper and Finjan’s counsel); and
` Unredacted Declaration of Chandra Nagarajan in support of the Brief.
`This motion is based upon this Notice of Motion; the accompanying Memorandum of Points and
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`Authorities; the Declaration of Sharon Song (the “Sealing Declaration”); such other evidence and
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`arguments as the Court may consider; and all other matters of which the Court may take judicial
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`notice.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
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`- 1 -
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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 236 Filed 11/19/18 Page 3 of 5
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`MEMORANDUM OF POINTS AND AUTHORITIES
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`Pursuant to Federal Rule of Civil Procedure 5.2(d) and Civil Local Rules 7-11 and 79-5,
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`Juniper hereby submits a request for an Order instructing the Clerk of the Court to file under seal
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`the unredacted documents described above.
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`Exhibit 1 to the Brief is excerpts of the November 14, 2018 deposition transcript of
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`Finjan’s expert Dr. Eric B. Cole that include discussion of Finjan and Juniper’s confidential
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`financial, licensing, and/or technical information.
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`Exhibit 3 to the Brief is excerpts of the deposition transcript of Juniper employee Michael
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`A. Bushong that include discussion of Juniper’s confidential financial, licensing, and/or technical
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`information.
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`Exhibit 5 to the Brief is excerpts of the deposition transcript of Juniper’s expert Keith R.
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`Ugone that include discussion of Finjan and Juniper’s confidential financial, licensing, and/or
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`technical information.
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`Exhibit 6 to the Brief is excerpts of the deposition transcript of Finjan’s expert Kevin M.
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`Arst that include discussion of Finjan and Juniper’s confidential financial, licensing, and/or
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`technical information.
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`Exhibit 7 to the Brief is excerpts of the Expert Report of Finjan’s expert Dr. Eric B. Cole
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`that include discussion of Finjan and Juniper’s confidential financial, licensing, and/or technical
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`information.
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`Exhibit 8 to the Brief is excerpts of the June 21, 2018 deposition transcript of Finjan’s
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`expert Dr. Eric B. Cole that include discussion of Finjan and Juniper’s confidential financial,
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`licensing, and/or technical information.
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`Exhibit 9 to the Brief is excerpts of Juniper’s source code, which is Juniper’s confidential
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`technical information.
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`Exhibit 10 to the Brief is excerpts of the Expert Damages-Related Rebuttal Report of
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`Juniper’s expert Aviel D. Rubin that include discussion of Finjan and Juniper’s confidential
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`financial, licensing, and/or technical information.
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`Exhibit 12 to the Brief is email correspondence between Juniper and Finjan’s counsel that
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`- 2 -
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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 236 Filed 11/19/18 Page 4 of 5
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`reflect settlement communications.
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`The redacted portions of the Declaration of Chandra Nagarajan in support of the Brief
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`include discussion of Juniper’s confidential technical and financial information related to Juniper’s
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`highly proprietary software.
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`The redacted portions of the Brief directly quote or reference the confidential materials
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`discussed above.
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`As discussed in the Sealing Declaration, Exhibits 1, 3, and 5-10; the redacted portions of
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`the Declaration of Chandra Nagarajan; and the redacted portions of the Brief contain sealable
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`confidential information that relate to the financial material concerning and technical
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`underpinnings and development of Juniper’s highly proprietary software—which includes much
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`information that Juniper maintains as trade secrets. Juniper expends significant effort in
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`maintaining the secrecy of its software architecture and development, including, for example,
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`implementing strict screening procedures for visitors to its engineering campus. Public disclosure
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`of essential nonpublic facts about Juniper’s software development could materially impair
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`Juniper’s intellectual property rights and could cause serious competitive consequences to
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`Juniper’s business positioning.
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`As further discussed in the Sealing Declaration, Exhibits 1, 3, and 5-10; the redacted
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`portions of the Declaration of Chandra Nagarajan; and the redacted portions of the Brief also
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`contain sealable confidential information that relate to Juniper and Finjan’s confidential licensing
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`information that both parties regularly treat as highly confidential within their businesses and
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`make substantial efforts not to disclose to the public.
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`Also as discussed in the Sealing Declaration, Exhibit 12 contains settlement
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`communications between Juniper and Finjan’s counsel.
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`This request is narrowly tailored to seal only that material for which compelling reasons to
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`seal have been established. The bases for this request are set forth in further detail in the
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`accompanying Sealing Declaration. On these grounds, Juniper respectfully requests that the Court
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`order sealed the redacted portions of the documents described above.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`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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`Case 3:17-cv-05659-WHA Document 236 Filed 11/19/18 Page 5 of 5
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`Dated: November 19, 2018
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`Respectfully submitted,
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`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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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`- 4 -
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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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