Case 3:17-cv-05659-WHA Document 419 Filed 04/09/19 Page 1 of 3
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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.
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`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`FINJAN, INC.,
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`Plaintiff,
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`vs.
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`JUNIPER NETWORKS, INC.,
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`Defendant.
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`Case No. 3:17-cv-05659-WHA
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`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. 414)
`
`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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`Case 3:17-cv-05659-WHA Document 419 Filed 04/09/19 Page 2 of 3
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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. 414).
`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:
`Juniper’s Designations of
`Portions to Be Sealed
`Source code quotes on 7:8,
`7:9, 7:15, 8:9, 8:10, 8:11,
`10:14, 10:16
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`Juniper’s Basis for Sealing
`Confidential Source Code
`
`Document
`Plaintiff Finjan, Inc.’s Reply
`in Support of Its Second
`Motion for Early Summary
`Judgment, Regarding
`Infringement of Claim 1 of
`U.S. Patent No. 8,141,154
`
`Exhibit 1 to Finjan’s Reply
`
`Juniper does not designate
`any portion of this exhibit
`to be under seal
`
`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 portions of the reply disclose Juniper’s confidential
`source code—the computerized instructions describing exactly how Juniper’s products work.
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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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`Case 3:17-cv-05659-WHA Document 419 Filed 04/09/19 Page 3 of 3
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`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
`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.
`I, therefore, believe that “compelling reasons” exist for sealing portions of the reply,
`and by seeking to seal only the portions that contain the source code, Juniper’s request is narrowly
`tailored.
`Executed on April 9, 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.
`
`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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