Case 3:17-cv-05659-WHA Document 389-1 Filed 03/14/19 Page 1 of 4
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`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua P. Glucoft (SBN 301249)
`jglucoft@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
`Ingrid M. H. Petersen (SBN 313927)
`ipetersen@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
`)
`Case No. 3:17-cv-05659-WHA
`)
`
`DECLARATION OF INGRID PETERSEN
`)
`IN SUPPORT OF JUNIPER NETWORKS,
`)
`INC.’S ADMINISTRATIVE MOTION TO
`)
`FILE UNDER SEAL
`)
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`)
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`)
`)
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`FINJAN, INC.,
`
`Plaintiff,
`
`vs.
`
`
`JUNIPER NETWORKS, INC.,
`
`Defendant.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
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`DECLARATION OF INGRID PETERSEN ISO JUNIPER'S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`

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`Case 3:17-cv-05659-WHA Document 389-1 Filed 03/14/19 Page 2 of 4
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`DECLARATION OF INGRID PETERSEN
`I, Ingrid Petersen, 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 Juniper’s March 14, 2019, Administrative
`Motion to File Under Seal.
`3.
`I am informed and believe that the right of the public to inspect and copy public
`records “is not absolute” and that a court may seal confidential information disclosed during the
`course of a legal proceeding. Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978).
`4.
`Because Juniper’s opposition concerns a dispositive motion, I understand that
`Juniper needs to show a “compelling reason” for sealing a court record. See Kamakana v. City &
`Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). “Compelling reasons” exist to seal a record
`when it might “become a vehicle for improper purposes,” such as the “release of trade secrets.” Id.
`(quoting Nixon, 435 U.S. at 1179).
`5.
`It is my understanding that the Ninth Circuit has defined trade secrets as “any
`formula, pattern, device or compilation of information which is used in one’s business, and which
`gives him an opportunity to obtain an advantage over competitors who do not know or use it.” In
`re Elec. Arts, Inc., 298 Fed. App’x 568, 569 (9th Cir. 2008) (quoting RESTATEMENT (FIRST) OF
`TORTS § 757 cmt. b); see also Clark v. Bunker, 453 F.2d 1006, 1009 (9th Cir. 1972).
`6.
`I also understand that Civil Local Rule 79-5 supplements the “compelling reasons”
`standard. Under this rule, a party seeking to file under seal must submit “a request that establishes
`that the document, or portions thereof, are privileged, protectable as a trade secret or otherwise
`entitled to protection under the law.” Id. Additionally, “[t]he request must be narrowly tailored to
`seek sealing only of sealable material.” Id.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
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`DECLARATION OF INGRID PETERSEN ISO JUNIPER'S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
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`

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`Case 3:17-cv-05659-WHA Document 389-1 Filed 03/14/19 Page 3 of 4
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`Portion to Be Sealed Basis for Sealing Designating Party
`Portions of 20:11, 14;
`Confidential
`Juniper
`28:10–15, 20; 30:22,
`Source Code
`23, 24–28; 31:9, 32:16,
`17; 34:3, 4, 5, 6, 8, 9;
`35:1–6; 39:6–10, 13
`
`7.
`I am further informed that courts within the Northern District of California have
`concluded that “[c]onfidential source code clearly meets the definition of a trade secret . . . [and
`therefore] meets the ‘compelling reasons’ standard.” Fed. Trade Comm’n v. DIRECTV, Inc., No.
`15-CV-01129-HSG, 2017 WL 840379, at *2 (N.D. Cal. Mar. 3, 2017) (second alteration in original)
`(quoting Apple, Inc. v. Samsung Elecs. Co., No. 11-CV-01846-LHK, 2012 WL 6115623, at *2 (N.D.
`Cal. Dec. 10, 2012), rev’d on other grounds, Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214
`(Fed. Cir. 2013)); see also Opperman v. Path, Inc., No. 13-CV-00453-JST, 2017 WL 1036652, at
`*3 (N.D. Cal. Mar. 17, 2017).
`8.
`I am informed and believe that there are “compelling reasons” for sealing the
`following:
`Document
`Juniper’s Opposition to
`Finjan’s Motion for
`Summary Judgment
`Regarding Infringement of
`Claim 1 of U.S. Patent No.
`8,141,154 (the “Brief”)
`Exhibit B to the Brief
`(excerpts of Michael D.
`Mitzenmacher’s
`deposition)
`Exhibit J to the Brief
`(excerpts of Juniper’s
`source code)
`Declaration of Aviel D.
`Rubin in support of the
`Brief (the “Rubin
`Declaration”)
`
`Confidential
`Source Code
`
`Juniper
`
`Confidential
`Source Code
`
`Confidential
`Source Code
`
`Juniper
`
`Juniper
`
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`28
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`Portions of 65:10;
`66:1; 69:23; 78:5;
`112:10, 24; 113:1, 11;
`158: 21; 159:3, 4
`Entire Exhibit
`
`Portions of ¶¶ 29, 31,
`34, 35, 36, 54, 55, 56,
`60, 61, 73, 78, 85, 92,
`93, 98, 102, 103, 116;
`portions of footnote 2
`Portions of ¶¶ 7, 8, 9
`
`Declaration of Frank Jas
`(the “Jas Declaration”)
`
`
`
`Confidential
`Source Code
`
`Juniper
`
`9.
`It is my understanding that the above documents disclose Juniper’s confidential
`source code—the computerized instructions describing exactly how Juniper’s products work.
`10.
`Additionally, I believe that Juniper has accumulated significant research and
`development costs, and this sensitive trade secret is the foundation of Juniper’s highly proprietary
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`
`
`
`
`- 3 -
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`DECLARATION OF INGRID PETERSEN ISO JUNIPER'S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`

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`Case 3:17-cv-05659-WHA Document 389-1 Filed 03/14/19 Page 4 of 4
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`software. By permitting competitors to receive this information without also spending development
`costs, public disclosure of Juniper’s source code would materially impair Juniper’s intellectual
`property rights and business positioning.
`11.
`I am informed and believe that the disclosure of Juniper’s source code would cause
`serious competitive consequences and that Juniper takes numerous measures to maintain the secrecy
`of this information. It is also my understanding that the protective order in this action, for instance,
`details the significant lengths Juniper has taken to protect its source code. As the protective order
`describes, “[t]he source code shall be made available for inspection on a PC which may be a laptop
`PC and which may be provided without USB ports.” Dkt. No. 149 at 13. Additionally, “[t]he
`secured computer may be placed in a secured room without Internet access or network access to
`other computers, and the Receiving Party shall not copy, remove, or otherwise transfer any portion
`of the source code onto any recordable media or recordable device.” Id. Juniper has also
`implemented strict screening procedures for visitors at its engineering campus.
`12.
`Also, I am informed and believe that publicly exposing the source code presents a
`security risk. Because the source code is at the center of Juniper’s network security products,
`permitting the disclosure of the source code could significantly harm the users of Juniper’s products.
`13.
`I, therefore, believe that “compelling reasons” exist for sealing the disclosure of
`Juniper’s highly confidential source code, and by seeking to seal only the portions that contain the
`source code, Juniper’s request is narrowly tailored.
`Executed on March 14, 2019, at Newport Beach, 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.
`
`
`
`/s/ Ingrid Petersen
`Ingrid Petersen
`Attorney for Defendant
`Juniper Networks, Inc.
`
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`
`
`
`
`- 4 -
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`DECLARATION OF INGRID PETERSEN ISO JUNIPER'S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
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