Case 3:17-cv-05659-WHA Document 506 Filed 06/03/19 Page 1 of 4
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`Philip C. Swain (SBN 150322)
`Philip C. Swain (SBN 150322)
`pswain@foleyhoag.com
`pswain@foleyhoag.com
`FOLEY HOAG LLP
`FOLEY HOAG LLP
`155 Seaport Boulevard
`155 Seaport Boulevard
`Boston MA 02210
`Boston MA 02210
`Telephone: 617-732-1000
`Telephone: 617-732-1000
`Facsimile: 617-832-7000
`Facsimile: 617-832-7000
`
`Attorneys for Non-Party Joe Security, LLC
`Attorneys for Non-Party Joe Security, LLC
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`UNITED STATES DISTRICT COURT
`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
`NORTHERN DISTRICT OF CALIFORNIA
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`FINJAN, INC.
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`FINJAN, INC.
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`Plaintiff,
`Plaintiff,
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`vs.
`vs.
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`JUNIPER NETWORKS, INC.
`JUNIPER NETWORKS, INC.
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`Defendant.
`Defendant.
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`
`
`Case No. C 17-05659 WHA
`Case No. C 17-05659 WHA
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`NON-PARTY JOE SECURITY, LLC'S
`NON-PARTY JOE SECURITY, LLC’S
`STATEMENT IN RESPONSE TO
`STATEMENT IN RESPONSE TO
`COURT ORDER (DKT 497)
`COURT ORDER (DKT 497)
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`
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`Non-party Joe Security, LLC ("Joe Security") hereby responds to the Court's Order (Dkt.
`Non-party Joe Security, LLC (“Joe Security”) hereby responds to the Court’s Order (Dkt.
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`497) that it make a submission explaining the confidential nature of the Joe Security documents
`497) that it make a submission explaining the confidential nature of the Joe Security documents
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`the parties have attempted to file under seal in this action.1 Joe Security respectfully requests that
`the parties have attempted to file under seal in this action.1 Joe Security respectfully requests that
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`this Court exclude its confidential documents from filing in this action. In the alternative, Joe
`this Court exclude its confidential documents from filing in this action. In the alternative, Joe
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`Security requests that the Court require that the documents be filed under seal, or that Joe
`Security requests that the Court require that the documents be filed under seal, or that Joe
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`Security be allowed to redact the most sensitive information from those documents.
`Security be allowed to redact the most sensitive information from those documents.
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`DISCUSSION
`DISCUSSION
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`The documents at issue are Joe Security's Installation Guide, Interface Guide, and User
`The documents at issue are Joe Security’s Installation Guide, Interface Guide, and User
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`Guide. Joe Security understands that these were produced by Juniper during discovery, pursuant
`Guide. Joe Security understands that these were produced by Juniper during discovery, pursuant
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`
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`i Joe Security is not a party to this action and has no presence in California. Given the circumstances whereby Joe
`1 Joe Security is not a party to this action and has no presence in California. Given the circumstances whereby Joe
`Security was required to make this submission or face having its Guides made public, Joe Security had no choice but
`Security was required to make this submission or face having its Guides made public, Joe Security had no choice but
`to do so. Joe Security appears on this limited basis and expressly contests personal jurisdiction in this Court.
`to do so. Joe Security appears on this limited basis and expressly contests personal jurisdiction in this Court.
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`_____________________________________________________________________________
`NON-PARTY JOE SECURITY'S STATEMENT — CASE NO. C17-05659 WHA
`NON-PARTY JOE SECURITY’S STATEMENT – CASE NO. C17-05659 WHA
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`Case 3:17-cv-05659-WHA Document 506 Filed 06/03/19 Page 2 of 4
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`to the Protective Order entered by this Court. (Dkt. 148 and 149). 2 The documents should this
`to the Protective Order entered by this Court. (Dkt. 148 and 149). 2 The documents should this
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`be subject to the protections provided in the Protective Order for confidential documents.
`be subject to the protections provided in the Protective Order for confidential documents.
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`These documents contain confidential trade secret information relating to computer
`These documents contain confidential trade secret information relating to computer
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`malware prevention programs that, if made public, could compromise Joe Security's malware
`malware prevention programs that, if made public, could compromise Joe Security’s malware
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`prevention programs currently being used by Joe Security's customers, including governmental
`prevention programs currently being used by Joe Security’s customers, including governmental
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`security agencies and Fortune 500 companies, which in turn would compromise their computer
`security agencies and Fortune 500 companies, which in turn would compromise their computer
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`systems and render them more susceptible to computer malware.
`systems and render them more susceptible to computer malware.
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`Joe Security is a Swiss entity located in Reinach, Switzerland. See Declaration of Stefan
`Joe Security is a Swiss entity located in Reinach, Switzerland. See Declaration of Stefan
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`Bahlmann ("Bahlmann Decl."), at ¶3 (Exhibit A). Joe Security is in the computer security
`Bühlmann (“Bühlmann Decl.”), at ¶3 (Exhibit A). Joe Security is in the computer security
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`business. Id. at ¶¶4, 6. Joe Security has developed a malware analysis and detection system
`business. Id. at ¶¶4, 6. Joe Security has developed a malware analysis and detection system
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`named Joe Sandbox that enables computer systems to detect and protect against computer
`named Joe Sandbox that enables computer systems to detect and protect against computer
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`viruses and malware threats. Id. A review of its product by SC Magazine, the leading magazine
`viruses and malware threats. Id. A review of its product by SC Magazine, the leading magazine
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`for IT security professionals (also available at https://www.scmagazine.com/home/reviews/first-
`for IT security professionals (also available at https://www.scmagazine.com/home/reviews/first-
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`looks/first-look-joe-security-joe-sandbox-cloud/), explains Joe Security's product and concludes
`looks/first-look-joe-security-joe-sandbox-cloud/), explains Joe Security’s product and concludes
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`that it "is a must-have tool for IT security shops in organizations of just about any size."
`that it “is a must-have tool for IT security shops in organizations of just about any size.”
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`(Exhibit B.)
`(Exhibit B.)
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`Joe Security carefully screens its customers and only licenses its product to reputable
`Joe Security carefully screens its customers and only licenses its product to reputable
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`governmental security agencies and select corporations. Bahlmann Decl. at ¶7. The total
`governmental security agencies and select corporations. Bühlmann Decl. at ¶7. The total
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`number of Joe Security customers is limited and its customer list is confidential. Id. All of Joe
`number of Joe Security customers is limited and its customer list is confidential. Id. All of Joe
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`Security's business and governmental partners agree to strict confidentiality restrictions as a
`Security’s business and governmental partners agree to strict confidentiality restrictions as a
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`condition of using its solution. Id. at ¶8. Joe Security's customers install its solution into their
`condition of using its solution. Id. at ¶8. Joe Security’s customers install its solution into their
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`2 While it is not clear to Joe Security at this time whether the documents as produced were all designated as
`2 While it is not clear to Joe Security at this time whether the documents as produced were all designated as
`"Confidential" or "Highly Confidential" when produced by Juniper, Joe Security believes they should have been so
`“Confidential” or “Highly Confidential” when produced by Juniper, Joe Security believes they should have been so
`designated when they were produced, as explained herein.
`designated when they were produced, as explained herein.
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`_____________________________________________________________________________
`NON-PARTY JOE SECURITY'S STATEMENT — CASE NO. C17-05659 WHA
`NON-PARTY JOE SECURITY’S STATEMENT – CASE NO. C17-05659 WHA
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`Case 3:17-cv-05659-WHA Document 506 Filed 06/03/19 Page 3 of 4
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`computer infrastructure to help protect against malware threats. Id. at ¶9. Customers who
`computer infrastructure to help protect against malware threats. Id. at ¶9. Customers who
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`purchase Joe Security's malware program are provided Joe Security's Installation Guide,
`purchase Joe Security’s malware program are provided Joe Security’s Installation Guide,
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`Interface Guide, and User Guide (collectively, Joe Security's "Guides"). Id. at ¶10. Joe
`Interface Guide, and User Guide (collectively, Joe Security’s “Guides”). Id. at ¶10. Joe
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`Security's Guides contain highly confidential trade secrets including the password to its system,
`Security’s Guides contain highly confidential trade secrets including the password to its system,
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`the otherwise secret IP and MAC addresses on which the system runs, file names, network ports
`the otherwise secret IP and MAC addresses on which the system runs, file names, network ports
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`and network protocols. Id. at ¶11. The Guides also contain a roadmap to Joe Security's product.
`and network protocols. Id. at ¶11. The Guides also contain a roadmap to Joe Security’s product.
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`Id. at ¶13.
`Id. at ¶13.
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`The efficacy of Joe Security's security product could be immediately, directly and
`The efficacy of Joe Security’s security product could be immediately, directly and
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`completely compromised if the information contained in the Guides is made public. Balmann
`completely compromised if the information contained in the Guides is made public. Bühlmann
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`Decl. at ¶12. Hackers would be able to use the information in the Guides to modify their
`Decl. at ¶12. Hackers would be able to use the information in the Guides to modify their
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`malware to circumvent Joe Security's malware detection and prevention system. Id. at ¶¶12, 13
`malware to circumvent Joe Security’s malware detection and prevention system. Id. at ¶¶12, 13
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`CONCLUSION
`CONCLUSION
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`Joe Security submits that the foregoing presents "compelling reasons" sufficient to justify
`Joe Security submits that the foregoing presents “compelling reasons” sufficient to justify
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`keeping its Guides from public filing. In the event the Court declines to allow the Guides to be
`keeping its Guides from public filing. In the event the Court declines to allow the Guides to be
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`filed under seal, Joe Security asks in the alternative that it be given the opportunity to redact the
`filed under seal, Joe Security asks in the alternative that it be given the opportunity to redact the
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`most sensitive of information in the Guides (i.e., Joe Security's system access password, IP and
`most sensitive of information in the Guides (i.e., Joe Security’s system access password, IP and
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`MAC addresses on which the system runs, file names, network ports and network protocols).
`MAC addresses on which the system runs, file names, network ports and network protocols).
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`See Balmann Decl. at ¶14.
`See Bühlmann Decl. at ¶14.
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`Dated: June 3, 2019
`Respectfully submitted,
`Dated: June 3, 2019 Respectfully submitted,
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`JOE SECURITY, LLC
`JOE SECURITY, LLC
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`by its attorneys,
`by its attorneys,
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`
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`s/Philip C. Swain
`_s/Philip C. Swain____
`Phillip C. Swain
`Phillip C. Swain
`FOLEY HOAG LLP
`FOLEY HOAG LLP
`155 Seaport Boulevard
`155 Seaport Boulevard
`Boston, MA 02210
`Boston, MA 02210
`Tel: (617) 832-1000
`Tel: (617) 832-1000
`Fax: (617) 832-7000
`Fax: (617) 832-7000
`pswain@foleyhoag.com
`pswain@foleyhoag.com
`_____________________________________________________________________________
`NON-PARTY JOE SECURITY'S STATEMENT - CASE NO. C17-05659 WHA
`NON-PARTY JOE SECURITY’S STATEMENT – CASE NO. C17-05659 WHA
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`Case 3:17-cv-05659-WHA Document 506 Filed 06/03/19 Page 4 of 4
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`CERTIFICATE OF SERVICE
`CERTIFICATE OF SERVICE
`I certify that this document filed through the ECF system will be sent electronically to
`I certify that this document filed through the ECF system will be sent electronically to
`the registered participants as identified on the Notice of Electronic Filing (NEF) and paper
`the registered participants as identified on the Notice of Electronic Filing (NEF) and paper
`copies will be sent to those indicated as non-registered participants, if any, on this 3rd day of
`copies will be sent to those indicated as non-registered participants, if any, on this 3rd day of
`June, 2019.
`June, 2019.
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`/s/ Philip C. Swain
`/s/ Philip C. Swain
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`_____________________________________________________________________________
`NON-PARTY JOE SECURITY'S STATEMENT - CASE NO. C17-05659 WHA
`NON-PARTY JOE SECURITY’S STATEMENT – CASE NO. C17-05659 WHA
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