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`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.
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`
`
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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 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)
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`MAR-SPINOLA DECL. ISO FINJAN’S MOT. TO STAY
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`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 331-1 Filed 12/14/18 Page 2 of 3
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`I, Julie Mar-Spinola, declare as follows:
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`1. I am the Manager and Vice President of Legal Operations at Finjan, Inc. I submit this
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`declaration in support of Finjan, Inc.’s Motion to Stay the Order Re Sealing of Order on Daubert
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`Motions (Dkt. No. 284). I have personal knowledge of the facts set forth in this declaration and, if
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`called upon as a witness, I could and would testify to such facts.
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`2. Public disclosure of the confidential information exchanged between Finjan and its third party
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`licensees (F5 and Sophos) during settlement discussions would be significantly detrimental to
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`Finjan’s business and cause irreparable harm. In the context of confidential settlement discussions,
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`Finjan and these licensees exchanged proposed license fee terms under Fed. R. Evid. 408 based on
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`patent information, the licensee’s revenues, products, and other confidential business and product
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`information of both parties. If such confidential information were to be disclosed publicly,
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`prospective licensees, including other defendants in separate litigations, would be reluctant and
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`unwilling to exchange relevant confidential information to engage in productive and meaningful
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`licensing and settlement discussions.
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`3. For the purpose of engaging in candid and meaningful discussions with other potential
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`licensees, Finjan has executed non-disclosure agreements with licensee F5 and other confidential
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`licensees to protect the information that was exchanged during licensing negotiations. Pursuant to
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`such confidentiality agreements, disclosure of confidential information exchanged as part of the
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`licensing negotiations requires consent from the disclosing party before it is disclosed. Such
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`confidential information is limited to disclosure within Finjan to only those with a need to know, and
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`may be disclosed in litigation only when relevant and under the highest level of confidentiality
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`designation pursuant to Court-ordered protective orders. If publicly disclosed, competitors in the
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`marketplace could use such publicly disclosed confidential information to unfairly compete by using
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`such confidential proposed pricing and licensing terms in business dealings among others in the
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`marketplace to undercut Finjan and its licensees.
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`1
`MAR-SPINOLA DECL. ISO FINJAN’S MOT. TO STAY
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`CASE NO.: 3:17-cv-05659-WHA
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`Case 3:17-cv-05659-WHA Document 331-1 Filed 12/14/18 Page 3 of 3
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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.
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`DATED: December 14, 2018
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`Respectfully submitted,
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`By: ___________________
` Julie Mar-Spinola
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`MAR-SPINOLA DECL. ISO FINJAN’S MOT. TO STAY
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`CASE NO.: 3:17-cv-05659-WHA
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