Case 3:17-cv-05659-WHA Document 241 Filed 11/19/18 Page 1 of 4
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`PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
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`Attorneys for Plaintiff
`FINJAN, INC.
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`FINJAN, INC., a Delaware Corporation,
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`Plaintiff,
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`v.
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`Defendant.
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`Case No.: 3:17-cv-05659-WHA
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`DECLARATION OF KRISTOPHER
`KASTENS IN SUPPORT OF DEFENDANT
`JUNIPER NETWORKS, INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`[Re: Dkt. No. 228]
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`KASTENS DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case No.: 17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 241 Filed 11/19/18 Page 2 of 4
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`I, Kristopher Kastens, declare:
`1.
`2.
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`I have personal knowledge of the facts stated herein.
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`I am licensed to practice law in the State of California and am an attorney at Kramer
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`Levin Naftalis and Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I make this declaration
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`in support of Defendant Juniper Networks, Inc.’s Motion to Seal (Dkt. 228) documents filed in
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`connection with its Motion to Exclude the Testimony of Mr. Kevin Arst (“Juniper’s Daubert”),
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`pursuant to Civil Local Rules 79-5(d)-(e).
`3.
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`I have reviewed the following documents and confirmed that they contain information
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`designated “Highly Confidential - Attorneys’ Eyes Only” by Finjan pursuant to the stipulated
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`protective order in this litigation.
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`Identification of the documents to be sealed
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`Juniper’s Daubert at page 7, lines 6-7
`Exhibit 1 to Juniper’s Daubert, highlighted portions at pages 1,
`7-12, 17, 33, 46-47, Exhibit 2.1
`Exhibit 2 to Juniper’s Daubert at page 116, line 6; page 117,
`lines 16-24
`Exhibit 6 to Juniper’s Daubert at page 42, lines 1-24; page 45,
`lines 24-25; page 66, line 1 through page 67, line 6; page 68,
`line 5 through page 69, line 3; page 69, line 13 through page 70,
`line 21; page 70, line 25 through page 72, line 24; page 73, lines
`6-15; page 73, lines 22-25; page 82, lines 1-12; page 83, line 11
`through page 84, line 5; page 85, lines 4-20
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`Entity that designated
`the information as
`confidential
`Finjan
`Finjan
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`Finjan
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`Finjan
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`4.
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`Juniper’s Daubert at page 7, lines 6-7 disclose Finjan’s confidential business and
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`licensing practices – specifically the identification of Finjan’s licensing practices and negotiations.
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`Finjan treats its licenses as highly confidential within its business and makes substantial efforts not to
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`disclose the terms of its licenses or negotiation tactics to the public. If such provisions were made
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`public, it could negatively impact Finjan’s bargaining positions in future licensing negotiations with
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`competitors and no public interest will be served by disclosing this information publicly.
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`1
`KASTENS DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case No.: 17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 241 Filed 11/19/18 Page 3 of 4
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`5.
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`Exhibit 1 to Juniper’s Daubert, highlighted portions at pages 1, 7-12, 17, 33, 46-47,
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`Exhibit 2.1 disclose Finjan’s confidential business and licensing practices – specifically the
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`identification of particular third parties and Finjan’s licensing practices and negotiations. Finjan treats
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`its licenses as highly confidential within its business and makes substantial efforts not to disclose the
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`terms of its licenses to the public. If such provisions were made public, it could negatively impact
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`Finjan’s bargaining positions in future licensing negotiations with competitors and no public interest
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`will be served by disclosing this information publicly. Since Exhibit 1 to Juniper’s Daubert contains
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`confidential information of Finjan and Juniper, Finjan is only providing a proposed unredacted version
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`of this document highlighting its own confidential information.
`6.
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`Exhibit 2 to Juniper’s Daubert at page 116, line 6; page 117, lines 16-24 disclose
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`Finjan’s confidential business and licensing practices – specifically the identification of particular third
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`parties, licensees, and their products. Finjan treats its licenses as highly confidential within its business
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`and makes substantial efforts not to disclose the terms of its licenses to the public. If such provisions
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`were made public, it could negatively impact Finjan’s bargaining positions in future licensing
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`negotiations with competitors and no public interest will be served by disclosing this information
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`publicly. A proposed redacted and unredacted version of Exhibit 2 to Juniper’s Daubert is attached
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`hereto.
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`7.
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`Exhibit 6 to Juniper’s Daubert at page 42, lines 1-24; page 45, lines 24-25; page 66, line
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`1 through page 67, line 6; page 68, line 5 through page 69, line 3; page 69, line 13 through page 70,
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`line 21; page 70, line 25 through page 72, line 24; page 73, lines 6-15; page 73, lines 22-25; page 82,
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`lines 1-12; page 83, line 11 through page 84, line 5; page 85, lines 4-20 disclose Finjan’s confidential
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`business and licensing practices – specifically the identities of third-party licensees. Finjan treats its
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`licenses as highly confidential within its business and makes substantial efforts not to disclose the
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`terms of its licenses to the public. If such provisions were made public, it could negatively impact
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`Finjan’s bargaining positions in future licensing negotiations with competitors and no public interest
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`will be served by disclosing this information publicly. A proposed redacted and unredacted version of
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`Exhibit 6 to Juniper’s Daubert is attached hereto.
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`2
`KASTENS DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case No.: 17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 241 Filed 11/19/18 Page 4 of 4
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`8.
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`In light of the foregoing, compelling reasons exist to seal the documents described
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`above.
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`I declare under penalty of perjury under the laws of the United States of America that each of
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`the above statements is true and correct. Executed on November 19, 2018, in Menlo Park, California.
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`/s/ Kristopher Kastens
`Kristopher Kastens
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`3
`KASTENS DECL. IN SUPPORT OF JUNIPER’S ADMIN.
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case No.: 17-cv-05659-WHA
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