Case 3:17-cv-05659-WHA Document 236-2 Filed 11/19/18 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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`
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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
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`DECLARATION OF SHARON SONG IN
`SUPPORT OF JUNIPER NETWORKS,
`INC.’S MOTION FOR
`ADMINISTRATIVE RELIEF TO FILE
`DOCUMENTS UNDER SEAL
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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 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 236-2 Filed 11/19/18 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 Juniper’s November 19, 2018 Motion for
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`Administrative Relief to File Documents Under Seal, which asks the Court for an Order to file
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`under seal the following 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.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`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 236-2 Filed 11/19/18 Page 3 of 4
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`3.
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`The sealed portions of the documents described above that Juniper seeks to file
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`under seal contain confidential information of Juniper and Finjan. In this declaration, I explain
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`why these materials are sealable pursuant to Civil Local Rule 79-5.
`4.
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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.
`5.
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`Exhibit 3 to the Brief is excerpts of the deposition transcript of Juniper employee
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`Michael A. Bushong that include discussion of Juniper’s confidential financial, licensing, and/or
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`technical information.
`6.
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`Exhibit 5 to the Brief is excerpts of the deposition transcript of Juniper’s expert
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`Keith R. Ugone that include discussion of Finjan and Juniper’s confidential financial, licensing,
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`and/or technical information.
`7.
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`Exhibit 6 to the Brief is excerpts of the deposition transcript of Finjan’s expert
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`Kevin M. Arst that include discussion of Finjan and Juniper’s confidential financial, licensing,
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`and/or technical information.
`8.
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`Exhibit 7 to the Brief is excerpts of the Expert Report of Finjan’s expert Dr. Eric B.
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`Cole that include discussion of Finjan and Juniper’s confidential financial, licensing, and/or
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`technical information.
`9.
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`Exhibit 8 to the Brief is excerpts of the June 21, 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.
`10.
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`Exhibit 9 to the Brief is excerpts of Juniper’s source code, which is Juniper’s
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`confidential technical information.
`11.
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`Exhibit 10 to the Brief is excerpts of the Expert Damages-Related Rebuttal Report
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`of 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.
`12.
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`Exhibit 12 to the Brief is email correspondence between Juniper and Finjan’s
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`counsel that reflect settlement communications.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 3 -
`
`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 236-2 Filed 11/19/18 Page 4 of 4
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`13.
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`The redacted portions of the Declaration of Chandra Nagarajan in support of the
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`Brief include discussion of Juniper’s confidential technical and financial information related to
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`Juniper’s highly proprietary software.
`14.
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`The redacted portions of the Brief directly quote or reference the confidential
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`materials discussed above.
`15.
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`Exhibits 1, 3, and 5-10; the redacted portions of the Declaration of Chandra
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`Nagarajan; and the redacted portions of the Brief contain sealable confidential information that
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`relate to the financial material concerning and technical underpinnings and development of
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`Juniper’s highly proprietary software—which includes 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.
`16.
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`Exhibits 1, 3, and 5-10; the redacted portions of the Declaration of Chandra
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`Nagarajan; and the redacted portions of the Brief also contain sealable confidential information
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`that relate to Juniper and Finjan’s confidential licensing information that both parties regularly
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`treat as highly confidential within their businesses and make substantial efforts not to disclose to
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`the public.
`17.
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`counsel.
`18.
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`Exhibit 12 contains settlement communications between Juniper and Finjan’s
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`For these reasons, the documents described above should be filed under seal.
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`Executed on November 19, 2018, at 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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`- 4 -
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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
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`