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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`Case 3:17-cv-05659-WHA Document 502-1 Filed 05/31/19 Page 1 of 4
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`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Alan Heinrich (SBN 212782)
`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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`
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`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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`
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`Case No. 3:17-cv-05659-WHA
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`DECLARATION OF KEVIN WANG IN
`SUPPORT OF JUNIPER NETWORKS,
`INC.’S ADMINISTRATIVE MOTION TO
`FILE UNDER SEAL
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`- 1 -
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`DECLARATION OF KEVIN WANG 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 502-1 Filed 05/31/19 Page 2 of 4
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`DECLARATION OF KEVIN WANG
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`I, Kevin Wang, declare as follows:
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`1.
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`I am an attorney at the law firm of Irell & Manella LLP, counsel of record for Juniper
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`Networks, Inc. (“Juniper”) in the above-captioned matter. I am a member in good standing of the
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`State Bar of California and have been admitted to practice before this Court. I have personal
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`knowledge of the facts set forth in this Declaration and, if called as a witness, could and would
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`testify competently to such facts under oath.
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`2.
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`I submit this declaration in support of Juniper’s May 31, 2019, Administrative
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`Motion to File Under Seal.
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`3.
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`I am informed and believe that the right of the public to inspect and copy public
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`records “is not absolute” and that a court may seal confidential information disclosed during the
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`course of a legal proceeding. Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598 (1978).
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`4.
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`Because the documents relate to a motion for summary judgment, I understand that
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`Juniper needs to show a “compelling reason” for sealing a court record. See Kamakana v. City &
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`Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). “Compelling reasons” exist to seal a record
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`when it might “become a vehicle for improper purposes,” such as the “release of trade secrets.” Id.
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`(quoting Nixon, 435 U.S. at 1179).
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`5.
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`It is my understanding that the Ninth Circuit has defined trade secrets as “any
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`formula, pattern, device or compilation of information which is used in one’s business, and which
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`gives him an opportunity to obtain an advantage over competitors who do not know or use it.” In
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`re Elec. Arts, Inc., 298 Fed. App’x 568, 569 (9th Cir. 2008) (quoting RESTATEMENT (FIRST) OF
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`TORTS § 757 cmt. b); see also Clark v. Bunker, 453 F.2d 1006, 1009 (9th Cir. 1972).
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`6.
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`I also understand that Civil Local Rule 79-5 supplements the “compelling reasons”
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`standard. Under this rule, a party seeking to file under seal must submit “a request that establishes
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`that the document, or portions thereof, are privileged, protectable as a trade secret or otherwise
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`entitled to protection under the law.” Id. Additionally, “[t]he request must be narrowly tailored to
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`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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`- 2 -
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`DECLARATION OF KEVIN WANG 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 502-1 Filed 05/31/19 Page 3 of 4
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`7.
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`I am further informed that courts within the Northern District of California have
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`concluded that “[c]onfidential source code clearly meets the definition of a trade secret . . . [and
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`therefore] meets the ‘compelling reasons’ standard.” Fed. Trade Comm’n v. DIRECTV, Inc., No.
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`15-CV-01129-HSG, 2017 WL 840379, at *2 (N.D. Cal. Mar. 3, 2017) (second alteration in original)
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`(quoting Apple, Inc. v. Samsung Elecs. Co., No. 11-CV-01846-LHK, 2012 WL 6115623, at *2 (N.D.
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`Cal. Dec. 10, 2012), rev’d on other grounds, Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214
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`(Fed. Cir. 2013)); see also Opperman v. Path, Inc., No. 13-CV-00453-JST, 2017 WL 1036652, at
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`*3 (N.D. Cal. Mar. 17, 2017).
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`8.
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`I am informed and believe that there are “compelling reasons” for sealing the
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`following:
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`Basis for Sealing Designating Party
`Confidential
`Juniper
`Source Code
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`Document
`Mitzenmacher
`Declaration in support of
`Finjan, Inc.’s Second
`Motion for Early
`Summary Judgment Re
`Claim 1 of the ’154
`Patent (Dkt. No. 368)
`
`Portion to Be Sealed
`Portions of 10:26-27;
`13:15-17, 20-21, 24-25;
`15:22-24; 16:25-26, 28;
`17:6, 9, 11-13; 20:4-7, 10-
`14, 16-24; 21:1, 3-11;
`23:12-13, 16, 24; 24:13-
`15, 20, 22, 24-25; 25:1-6,
`11-18, 22-28; 26:1, 5-9,
`14, 17-19, 21-27; 27:1-4;
`28:9-10, 13-28; 29:1-2, 4-
`5, 7-15; 30:10-11; 31:3,
`14, 18-21, 24-25; 32:10-
`12, 14-16, 18-23, 25-26,
`28; 33:1
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`9.
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`It is my understanding that the above documents disclose Juniper’s confidential
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`source code—the computerized instructions describing exactly how Juniper’s products work.
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`10.
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`Additionally, I believe that Juniper has accumulated significant research and
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`development costs, and this sensitive trade secret is the foundation of Juniper’s highly proprietary
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`software. By permitting competitors to receive this information without also spending development
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`costs, public disclosure of Juniper’s source code would materially impair Juniper’s intellectual
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`property rights and business positioning.
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`11.
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`I am informed and believe that the disclosure of Juniper’s source code would cause
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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 KEVIN WANG 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 502-1 Filed 05/31/19 Page 4 of 4
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`serious competitive consequences and that Juniper takes numerous measures to maintain the secrecy
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`of this information. It is also my understanding that the protective order in this action, for instance,
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`details the significant lengths Juniper has taken to protect its source code. As the protective order
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`describes, “[t]he source code shall be made available for inspection on a PC which may be a laptop
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`PC and which may be provided without USB ports.” Dkt. No. 149 at 13. Additionally, “[t]he
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`secured computer may be placed in a secured room without Internet access or network access to
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`other computers, and the Receiving Party shall not copy, remove, or otherwise transfer any portion
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`of the source code onto any recordable media or recordable device.” Id. Juniper has also
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`implemented strict screening procedures for visitors at its engineering campus.
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`12.
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`Also, I am informed and believe that publicly exposing the source code presents a
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`security risk. Because the source code is at the center of Juniper’s network security products,
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`permitting the disclosure of the source code could significantly harm the users of Juniper’s products.
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`13.
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`I, therefore, believe that “compelling reasons” exist for sealing the disclosure of
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`Juniper’s highly confidential source code, and by seeking to seal only the portions that contain the
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`source code, Juniper’s request is narrowly tailored.
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`Executed on May 31, 2019, at Newport Beach, California.
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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 to the best of my knowledge.
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
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`/s/ Kevin Wang
`Kevin Wang
`Attorney for Defendant
`Juniper Networks, Inc.
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`- 4 -
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`DECLARATION OF KEVIN WANG ISO JUNIPER'S
`ADMINISTRATIVE MOTION TO FILE UNDER SEAL
`Case No. 3:17-cv-05659-WHA
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