Case 3:17-cv-05659-WHA Document 397 Filed 03/18/19 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
`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
`
`FINJAN, INC.,
`
`Plaintiff,
`
`vs.
`
`
`JUNIPER NETWORKS, INC.,
`
`Defendant.
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`Case No. 3:17-cv-05659-WHA
`
`DECLARATION OF INGRID PETERSEN
`ON BEHALF OF DEFENDANT JUNIPER
`NETWORKS, INC. IN SUPPORT OF
`FINJAN, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS
`UNDER SEAL (DKT. NO. 392)
`
`Judge: Hon. William Alsup
`
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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 FINJAN'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 397 Filed 03/18/19 Page 2 of 5
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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 Finjan, Inc.’s (“Finjan”) Administrative
`Motion to File Documents Under Seal (Dkt. No. 392).
`3.
`I have reviewed the portions of the documents that Finjan has sought to seal, and I
`believe that, regarding Juniper’s confidential information, the following should be sealed:
`Finjan’s Designations of
`Juniper’s Designations
`Juniper’s Basis
`Portions to Be Sealed
`of Portions to Be Sealed
`for Sealing
`Highlighted portions at p.
`Highlighted portions at p.
`Confidential
`1, lines 10-11; p. 4, lines 7-
`17, lines 5-6; p. 19, lines
`Source Code
`8; p. 11, lines 6- 26; p. 13,
`20-23
`lines 3-6, 20, 22-26; p. 15,
`lines 10- 17, 25-26; p. 16,
`lines 25-27; p. 17, lines 1,
`5-6; p. 19, lines 7-28; p. 32,
`lines 12-24; p. 33, line 1; p.
`36, lines 10-12
`Highlighted portions at p.
`14, lines 7-17; p. 15, lines
`7-9, 17-18, 28; p. 16, lines
`1-19; p. 17, line 18 to p. 18,
`line 6; p. 18, line 13 to p.
`19, line 26; and p. 20, lines
`9-22
`Entire Exhibit
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`Document
`Plaintiff Finjan
`Inc.’s
`Opposition to
`Juniper’s
`Motion for
`Summary
`Judgment
`
`
`Declaration of
`Dr. M.
`Mitzenmacher
`
`Exhibit 1 to
`Kastens Decl.
`(Excerpts of A.
`Rubin
`Deposition)
`Exhibit 2 to
`Kastens Decl.
`(Excerpts of S.
`Touboul
`Deposition)
`
`Highlighted portions at p.
`11, lines 6-26; p. 32, lines
`12-24; p. 33, line 1
`
`Nondisclosure
`Agreement/FRE
`408
`
`Highlighted portions at p.
`14, lines 10-17; p. 16,
`lines 7-8; p. 18, lines 4,
`15-21; p. 19, lines 1, 23
`
`Confidential
`Source Code
`
`P. 78, line 9; p. 86, line 6 Confidential
`Source Code
`
`Entire Exhibit
`
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`
`N/A
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`
`
`
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`- 1 -
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`DECLARATION OF INGRID PETERSEN ISO FINJAN'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 397 Filed 03/18/19 Page 3 of 5
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`
`Exhibits 4-11 to
`Kastens Decl.
`(Correspondence
`Between
`Cyphort and
`Finjan/
`Nondisclosure
`Agreement)
`Exhibit 14 to
`Kastens Decl.
`(Excerpt of
`Juniper Guide)
`Exhibit 15 to
`Kastens Decl.
`(Design Spec.)
`
`Exhibit 16 to
`Kastens Decl.
`(Design Spec.)
`
`Exhibit 17 to
`Kastens Decl.
`(Excerpts of
`Cyphort Guide)
`Exhibit 18 to
`Kastens Decl.
`(Excerpts of
`Cyphort Guide)
`Exhibit 26 to
`Kastens Decl.
`(Excerpts of A.
`Rubin
`Deposition)
`Exhibit 28 to
`Kastens Decl.
`(Excerpts of
`Cyphort Guide)
`
`
`
`Entire Exhibits
`
`Entire Exhibits
`
`Nondisclosure
`Agreement/FRE
`408
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`
`N/A
`
`Highlighted portions1 at
`bates no. JNPR-FNJN
`29018 00975675; JNPR-
`FNJN 29018 00975676;
`JNPR-FNJN 29018
`00975677; JNPR-FNJN
`29018 00975678; JNPR-
`FNJN 29018 00975679
`Highlighted portions at
`bates no. JNPR-FNJN
`29018 00962784; JNPR-
`FNJN 29018 00962791
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`
`Confidential
`Source Code
`
`Confidential
`Source Code
`
`N/A
`
`N/A
`
`N/A
`
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`
`N/A
`
`
`1 To assist the Court, Juniper submitted a separate Administrative Motion to File Under
`Seal the exhibits attached to this declaration. See Dkt. No. 396. The highlighted portions of
`Exhibits 15 and 16 that Juniper requests to seal are attached to that motion.
`DECLARATION OF INGRID PETERSEN ISO FINJAN'S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`

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`Case 3:17-cv-05659-WHA Document 397 Filed 03/18/19 Page 4 of 5
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`4.
`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).
`5.
`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).
`6.
`It is my understanding that the above documents disclose Juniper’s confidential
`source code—the computerized instructions describing exactly how Juniper’s products work.
`7.
`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
`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.
`8.
`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.
`9.
`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.
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`
`
`
`
`- 3 -
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`DECLARATION OF INGRID PETERSEN ISO FINJAN'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 397 Filed 03/18/19 Page 5 of 5
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`10.
`Additionally, I am informed and believe that several of the exhibits contain
`discussions between Finjan and Cyphort regarding patent licensing/settlement negotiations. It is my
`understanding that these discussions fall under the protection of Federal Rule of Evidence 408 and
`the Nondisclosure Agreement between Finjan and Cyphort.
`11.
`I, therefore, believe that “compelling reasons” exist for sealing the disclosure of the
`source code and the settlement discussions, and by seeking to seal only the portions that contain the
`source code and the settlement discussions, Juniper’s request is narrowly tailored.
`Executed on March 18, 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
`
`
`
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`DECLARATION OF INGRID PETERSEN ISO FINJAN'S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
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