`
`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
`
`FINJAN, INC.,
`
`
`Plaintiff,
`
`
`
`
`JUNIPER NETWORKS, INC.,
`
`
`vs.
`
`Defendant.
`
`
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Case No. 3:17-cv-05659-WHA
`
`DECLARATION OF SHARON SONG ON
`BEHALF OF DEFENDANT JUNIPER
`NETWORKS, INC. IN SUPPORT OF
`FINJAN, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS
`UNDER SEAL (DKT. NO. 238)
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 1 -
`
`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 249 Filed 11/23/18 Page 2 of 4
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`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 Finjan, Inc.’s (“Finjan”) Administrative
`
`Motion to File Documents Under Seal (Dkt. No. 238), which moves the Court for an order to file
`
`under seal the following items related to Juniper:
`
` Select portions of the Table of Contents and pages 1-12 and 15 of Finjan’s
`Opposition to Juniper’s Motion to Exclude Testimony of Mr. Kevin Arst
`
`(“Finjan’s Opposition”); and
`
` Exhibits 1, 3, 6, 7, 9, and 10 to the Declaration of Kristopher Kastens in Support of
`Finjan’s Opposition (“Kastens Decl.”).
`
`In this declaration, I explain why the material cited above is sealable pursuant to Civil Local Rule
`
`79-5 and provide additional facts in support of Finjan’s Administrative Motion to File Documents
`
`Under Seal to the extent that the administrative motion pertains to Juniper.
`1.
`
`Exhibit 1 to the Kastens Decl. described above is the Expert Report of Finjan’s
`
`expert Dr. Eric Cole. This report contains sealable confidential information that relates to the
`
`financial information concerning and the 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. Exhibit 1 also contains sealable
`
`confidential information that relate to Juniper’s confidential licensing information that Juniper
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 2 -
`
`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 249 Filed 11/23/18 Page 3 of 4
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`regularly treats as highly confidential within its business and makes substantial efforts not to
`
`disclose to the public.
`2.
`
`Exhibit 3 to the Kastens Decl. described above is comprised of excerpts from
`
`Juniper’s Second Supplemental Response to Finjan’s Second Set of Interrogatories; and Exhibit 6
`
`to the Kastens Decl. described above is comprised of excerpts from Juniper’s Response to Finjan’s
`
`Fourth Set of Interrogatories. These excerpts contain financial information concerning and the
`
`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.
`3.
`
`Exhibit 7 to the Kastens Decl. described above is comprised of excerpts from
`
`Finjan’s Disclosure of Damages Contentions Pursuant to Patent Local Rule 3-8. Exhibit 7
`
`contains financial information concerning and the 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. Exhibit 7 also
`
`contains sealable confidential information that relate to Juniper’s confidential licensing
`
`information that Juniper regularly treats as highly confidential within its business and makes
`
`substantial efforts not to disclose to the public.
`4.
`
`Exhibit 9 to the Kastens Decl. described above is comprised of excerpts from the
`
`deposition transcript of Finjan’s expert Dr. Eric B. Cole; and Exhibit 10 to the Kastens Decl.
`
`described above is comprised of excerpts from the deposition transcript of Juniper’s employee
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
`- 3 -
`
`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`
`Case 3:17-cv-05659-WHA Document 249 Filed 11/23/18 Page 4 of 4
`
`Yuly Tenorio. These excerpts reflect substantive discussion of the technical underpinnings and
`
`development of Juniper’s highly proprietary software—which contains 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.
`5.
`
`The select portions of the Table of Contents and pages 1-12 and 15 of Finjan’s
`
`Opposition described above paraphrase or refer to the information contained in Exhibits 1, 3, 6, 7,
`
`9 and 10 to the Kastens Decl., which reflect financial information concerning and the 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. These select portions of Finjan’s Opposition also contain sealable
`
`confidential information that relate to Juniper’s confidential licensing information that Juniper
`
`regularly treats as highly confidential within its business and makes substantial efforts not to
`
`disclose to the public.
`6.
`
`In light of the foregoing, there are compelling reasons to seal the documents
`
`described above.
`
`Executed on November 23, 2018 in 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.
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10125765
`
`
` /s/ Sharon Song
`Sharon Song
`
`- 4 -
`
`DECLARATION OF SHARON SONG ISO
`FINJAN’S ADMINISTRATIVE MOTION TO
` FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`