`
`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. 411)
`
`Judge: Hon. William Alsup
`
`
`
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`
`
`
`
`
`
`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 418 Filed 04/05/19 Page 2 of 4
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`Juniper’s Designations
`of Portions to Be Sealed
`Juniper does not designate
`any portion of this brief to
`be under seal
`
`Juniper’s Basis
`for Sealing
`N/A
`
`
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`Document
`
`Plaintiff Finjan,
`Inc.’s Notice of
`Motion and Motion
`for Relief From
`Judgment Pursuant
`to Fed. R. Civ. P.
`60(b);
`Memorandum of
`Points and
`Authorities
`
`Exhibit 7 to
`Kastens
`Declaration
`Exhibit 8 to
`Kastens
`Declaration
`Exhibit 10 to
`Kastens
`Declaration
`Exhibit 11 to
`Kastens
`Declaration
`
`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. 411).
`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 Portions to Be
`Sealed
`Page 2, ll. 11, 21-22;
`page 3, ll. 4-5, 7-8. 26-
`28; page 4, ll. 14-15, 19-
`23, 26-28; page 5, ll. 2-
`8, 11-15, 27; page 6, ll.
`1, 13; page 10, ll. 11-16,
`26-28; page 11, ll. 13-
`14, 17-27; page 12, ll. 1-
`2, 12-13; page 13, ll. 9-
`10, 15-18; page 15, l. 5;
`and page 16, ll. 2-3, 10-
`11, 14.
`Entire Exhibit
`
`Entire Exhibit
`
`Confidential
`License
`Agreement
`N/A
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`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
`
`N/A
`
`N/A
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`
`
`
`
`- 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
`
`
`
`
`Case 3:17-cv-05659-WHA Document 418 Filed 04/05/19 Page 3 of 4
`
`Exhibit 12 to
`Kastens
`Declaration
`Exhibit 13 to
`Kastens
`Declaration
`
`Exhibit 23 to
`Kastens
`Declaration
`Exhibit 24 to
`Kastens
`Declaration
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`Entire Exhibit
`
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`Page 1 (JNPR-
`FNJN_29040_01462103);
`page 2 (JNPR-
`FNJN_29040_01462104)
`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
`
`N/A
`
`Confidential
`Source Code
`
`N/A
`
`N/A
`
`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.
`“Compelling reasons” exist to seal a record when it might “become a vehicle for
`improper purposes,” such as the “release of trade secrets.” Kamakana v. City & Cty. of Honolulu,
`447 F.3d 1172, 1179 (9th Cir. 2006) (quoting Nixon, 435 U.S. at 1179).
`6.
`It is my understanding that Exhibit 13 discloses Juniper’s confidential source code—
`the computerized instructions describing exactly how Juniper’s products work.
`7.
`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
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`
`
`
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`- 2 -
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`DECLARATION OF INGRID PETERSEN ISO FINJAN’S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`
`
`
`Case 3:17-cv-05659-WHA Document 418 Filed 04/05/19 Page 4 of 4
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`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.
`10.
`Additionally, I am informed and believe that Exhibit 7 is a full, unredacted
`confidential license agreement between Juniper and a third party, which is information that falls
`within the definition of a “trade secret.” In re Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir.
`2008).
`11.
`I, therefore, believe that “compelling reasons” exist for sealing all of Exhibit 7 and
`portions of Exhibit 13, and by seeking to seal only the portions that contain the source code and the
`license agreement, Juniper’s request is narrowly tailored.
`Executed on April 5, 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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`- 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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