Case 3:17-cv-05659-WHA Document 331-1 Filed 12/14/18 Page 1 of 3
`
`
`
`PAUL 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
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`
`Defendant.
`
`
`
`
`
`Case No.: 3:17-cv-05659-WHA
`
`DECLARATION OF JULIE MAR-
`SPINOLA IN SUPPORT OF PLAINTIFF
`FINJAN, INC.’S MOTION TO STAY THE
`ORDER RE SEALING OF ORDER ON
`DAUBERT MOTIONS (DKT. NO. 284)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`MAR-SPINOLA DECL. ISO FINJAN’S MOT. TO STAY
`
`CASE NO.: 3:17-cv-05659-WHA
`
`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
`
`
`
`

`

`Case 3:17-cv-05659-WHA Document 331-1 Filed 12/14/18 Page 2 of 3
`
`
`
`I, Julie Mar-Spinola, declare as follows:
`
`1. I am the Manager and Vice President of Legal Operations at Finjan, Inc. I submit this
`
`declaration in support of Finjan, Inc.’s Motion to Stay the Order Re Sealing of Order on Daubert
`
`Motions (Dkt. No. 284). I have personal knowledge of the facts set forth in this declaration and, if
`
`called upon as a witness, I could and would testify to such facts.
`
`2. Public disclosure of the confidential information exchanged between Finjan and its third party
`
`licensees (F5 and Sophos) during settlement discussions would be significantly detrimental to
`
`Finjan’s business and cause irreparable harm. In the context of confidential settlement discussions,
`
`Finjan and these licensees exchanged proposed license fee terms under Fed. R. Evid. 408 based on
`
`patent information, the licensee’s revenues, products, and other confidential business and product
`
`information of both parties. If such confidential information were to be disclosed publicly,
`
`prospective licensees, including other defendants in separate litigations, would be reluctant and
`
`unwilling to exchange relevant confidential information to engage in productive and meaningful
`
`licensing and settlement discussions.
`
`3. For the purpose of engaging in candid and meaningful discussions with other potential
`
`licensees, Finjan has executed non-disclosure agreements with licensee F5 and other confidential
`
`licensees to protect the information that was exchanged during licensing negotiations. Pursuant to
`
`such confidentiality agreements, disclosure of confidential information exchanged as part of the
`
`licensing negotiations requires consent from the disclosing party before it is disclosed. Such
`
`confidential information is limited to disclosure within Finjan to only those with a need to know, and
`
`may be disclosed in litigation only when relevant and under the highest level of confidentiality
`
`designation pursuant to Court-ordered protective orders. If publicly disclosed, competitors in the
`
`marketplace could use such publicly disclosed confidential information to unfairly compete by using
`
`such confidential proposed pricing and licensing terms in business dealings among others in the
`
`marketplace to undercut Finjan and its licensees.
`
`
`
`
`
`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
`
`
`
`1
`MAR-SPINOLA DECL. ISO FINJAN’S MOT. TO STAY
`
`CASE NO.: 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 331-1 Filed 12/14/18 Page 3 of 3
`
`
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`
`
`DATED: December 14, 2018
`
`
`
`
`
`
`
`Respectfully submitted,
`
`By: ___________________
` Julie Mar-Spinola
`
`
`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
`
`
`
`2
`MAR-SPINOLA DECL. ISO FINJAN’S MOT. TO STAY
`
`CASE NO.: 3:17-cv-05659-WHA
`
`