Case 3:17-cv-05659-WHA Document 261 Filed 11/27/18 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
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
`Case No. 3:17-cv-05659-WHA
`)
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`)
`DEFENDANT 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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`Judge: Hon. William Alsup
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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
`
`1012560
`
`
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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 261 Filed 11/27/18 Page 2 of 5
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`NOTICE OF MOTION AND MOTION
`TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
`PLEASE TAKE NOTICE THAT pursuant to Federal Rule of Civil Procedure 5.2(d) and
`Civil Local Rules 7-11 and 79-5, Defendant Juniper Networks, Inc. (“Juniper”) respectfully moves
`the Court for an Order instructing the Clerk of the Court to file under seal the following
`documents:
`• Juniper’s unredacted Motion In Limine No. 1 to Exclude Evidence and Argument
`Regarding Cyphort and the ATP Appliance Product (“Juniper’s MIL 1”);
`• Finjan’s unredacted Opposition to Juniper’s MIL 1;
`• Juniper’s unredacted Motion In Limine No. 3 to Exclude the Recording of the
`November 24, 2015 Call Between the Parties and Any Reference to Who Made the
`Recording (“Juniper’s MIL 3”);
`• Juniper’s unredacted Motion In Limine No. 4 to Exclude Evidence and Argument on Non-
`Infringing Alternatives (“Juniper’s MIL 4”);
`• The following exhibits to the Declaration of Kevin Wang in Support of Juniper’s Motions
`In Limine Nos. 1-5 (“Wang Decl.”):
`o Unredacted Exhibit 1 to the Wang Decl. (excerpts from the Expert Report of
`Dr. Eric Cole);
`o Unredacted Exhibit 2 to the Wang Decl. (excerpts from the Expert Report of
`Kevin M. Arst);
`o Unredacted Exhibit 3 to the Wang Decl. (excerpts from the Expert Rebuttal Report
`of Dr. Alessandro Orso);
`o Unredacted Exhibit 5 to the Wang Decl. (excerpts from the deposition transcript of
`Finjan’s employee John Garland);
`o Unredacted Exhibit 11 to the Wang Decl. (the Declaration of Scott J. Coonan in
`Support of Juniper’s MIL 3);
`o Unredacted Exhibit 15 to the Wang Decl. (excerpts from the November 14, 2018
`deposition transcript of Finjan’s expert Dr. Eric B. Cole);
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
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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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`• The following exhibits to the Declaration of Austin Manes in Support of Finjan’s
`Oppositions to Juniper’s Motions In Limine Nos. 1-3 (“Manes Decl. I”):
`o Exhibit 1 to the Manes Decl. I (excerpts from Juniper’s source code);
`o Exhibit 3 to the Manes Decl. I (excerpts from the deposition transcript of Juniper’s
`employee Yuly Tenorio);
`o Exhibit 6 to the Manes Decl. I (excerpts from a letter and attachments that Finjan
`sent to Cyphort);
`o Exhibit 7 to the Manes Decl. I (letter from Finjan to Cyphort’s counsel);
`o Exhibit 8 to the Manes Decl. I (presentation slides created by Finjan for Cyphort);
`o Unredacted Exhibit 9 to the Manes Decl. I (excerpts from Juniper’s Second
`Supplemental Response to Finjan’s First Set of Interrogatories);
`o Exhibit 10 to the Manes Decl. I (transcript of a call between Finjan and Juniper);
`o Unredacted Exhibit 11 to the Manes Decl. I (excerpts from the deposition transcript
`of Juniper’s employee Scott J. Coonan); and
`• Exhibit 2 to the Declaration of Austin Manes in Support of Finjan’s Oppositions to
`Juniper’s Motions In Limine Nos. 4-5 (“Manes Decl. II”) (excerpts from the November 14,
`2018 deposition transcript of Finjan’s expert Dr. Eric B. Cole).
`This motion is based upon this Notice of Motion; the accompanying Memorandum of Points and
`Authorities; the Declaration of Sharon Song (the “Sealing Declaration”); such other evidence and
`arguments as the Court may consider; and all other matters of which the Court may take judicial
`notice.
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`MEMORANDUM OF POINTS AND AUTHORITIES
`Pursuant to Federal Rule of Civil Procedure 5.2(d) and Civil Local Rules 7-11 and 79-5,
`Juniper hereby submits a request for an Order instructing the Clerk of the Court to file under seal
`the unredacted documents described above.
`As discussed in the Sealing Declaration, the redacted portions of Juniper’s MIL 1; redacted
`portions of Finjan’s Opposition to Juniper’s MIL 1; redacted portions of Juniper’s MIL 3; redacted
`portions of Juniper’s MIL 4; redacted portions of Exhibits 1-3, 5, 11, and 15 to the Wang Decl.;
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`
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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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`redacted portions of Exhibit 9 and 11 to the Manes Decl. I; Exhibits 1, 3 and 10 to the Manes
`Decl. I; and Exhibit 21 to the Manes Decl. II contain sealable confidential information that relate to
`the financial information concerning and/or 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.
`As further discussed in the Sealing Declaration, the redacted portions of Juniper’s MIL 1;
`redacted portions of Finjan’s Opposition to Juniper’s MIL 1; redacted portions of Juniper’s MIL 3;
`redacted portions of Juniper’s MIL 4; redacted portions of Exhibits 1-3, 5, 11, and 15 to the Wang
`Decl.; redacted portions of Exhibit 9 and 11 to the Manes Decl. I; Exhibit 10 to the Manes Decl. I;
`and Exhibit 2 to the Manes Decl. II 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.
`As further discussed in the Sealing Declaration, Exhibits 6-8 to the Manes Decl. I have
`been designated confidential by Finjan.
`This request is narrowly tailored to seal only that material for which compelling reasons to
`seal have been established. The bases for this request are set forth in further detail in the
`accompanying Sealing Declaration. On these grounds, Juniper respectfully requests that the Court
`order sealed the redacted portions of the documents described above.
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`[Signature page to follow]
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`
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`1 Juniper moves to seal Exhibit 2 to the Manes Decl. II in full because the document, which
`Finjan served in support of its oppositions to Juniper’s MILs, is in a PDF format that is not able to
`be redacted in portions.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`1012560
`
`
`
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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 261 Filed 11/27/18 Page 5 of 5
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`Dated: November 27, 2018
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`Respectfully submitted,
`IRELL & MANELLA LLP
`By:
` /s/ Sharon Song
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`Sharon Song
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`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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