Case 3:17-cv-05659-WHA Document 509 Filed 06/04/19 Page 1 of 5
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`PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
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`
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`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
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`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
`
`
`
`
`
`
`Defendant.
`
`Case No.: 3:17-cv-05659-WHA-TSH
`PLAINTIFF FINJAN, INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`FINJAN’S ADMIN. MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`CASE NO.: 3:17-cv-05659-WHA-TSH
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`Case 3:17-cv-05659-WHA Document 509 Filed 06/04/19 Page 2 of 5
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`I.
`
`INTRODUCTION
`Pursuant to Federal Rule of Civil Procedure 26(c), Civil Local Rules 7-11 and 79-5, Plaintiff,
`Finjan, Inc. (“Finjan”), brings this Administrative Motion to File Documents Under Seal for the
`documents identified below, which contain information identified by Finjan as “Highly Confidential –
`Attorneys’ Eyes Only” under the protective order in this action (Dkt. No. 149). These documents were
`inadvertently filed publicly, but they contain Finjan’s confidential business information and third party
`Mr. Shlomo Touboul’s (Finjan’s founder and consultant) confidential personal information. Finjan acted
`promptly upon discovery of its error to remedy it and file this Motion.
`Since these documents were attached to and quoted within a non-dispositive discovery motion,
`they are not subject to the strong presumption of access for the public that is otherwise generally
`accorded to documents filed with dispositive motions. Apple Inc. v. Samsung Elecs. Co., 727 F.3d 1214,
`1222 (Fed. Cir. 2013) (noting that Ninth Circuit requires only good cause for sealing documents attached
`to non-dispositive motions and finding it was legal error to apply more stringent “compelling reasons”
`standard). Thus, Finjan must demonstrate good cause under Federal Rule of Civil Procedure 26(c) as to
`the following documents. Id.
`
`Identification of Documents
`
`Portions of the Parties’ Joint
`Statement Regarding
`Defendant Juniper Networks,
`Inc.’s Motion to Quash
`Deposition of Shlomo Touboul
`(Dkt. No. 504)
`
`Finjan
`
`The limited proposed
`sealed portions of the
`joint statement reflect
`confidential terms from
`Mr. Touboul’s
`consulting agreements
`with Finjan.
`
`FINJAN’S ADMIN. MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`1
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`CASE NO.: 3:17-cv-05659-WHA-TSH
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`Specific Page
`and
`Paragraph
`Numbers to
`Seal
`p. 3, ¶ 1
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`Reason to Keep Sealed
`
`Entity that
`Designated the
`Information to
`be Confidential
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`Case 3:17-cv-05659-WHA Document 509 Filed 06/04/19 Page 3 of 5
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`Exhibit 4 to the Parties’ Joint
`Statement Regarding
`Defendant Juniper Networks,
`Inc.’s Motion to Quash
`Deposition of Shlomo Touboul
`(Dkt. No. 504-4)
`
`Entirety
`
`Finjan
`
`Entirety
`
`Finjan
`
`Exhibit 5 to the Parties’ Joint
`Statement Regarding
`Defendant Juniper Networks,
`Inc.’s Motion to Quash
`Deposition of Shlomo Touboul
`(Dkt. No. 504-5)
`
`This exhibit is an
`amendment to the
`confidential consulting
`agreement between Mr.
`Touboul and Finjan.
`The agreement contains
`confidential business
`information regarding
`details of Mr. Touboul’s
`consultancy and income,
`and it contains Mr.
`Touboul’s personal
`information, such as his
`contact information.
`The agreement is also
`subject to a
`confidentiality clause.
`This exhibit is a
`confidential consulting
`agreement between Mr.
`Touboul and Finjan.
`The agreement contains
`confidential business
`information regarding
`details of Mr. Touboul’s
`consultancy and income,
`and it contains Mr.
`Touboul’s personal
`information, such as his
`contact information.
`The agreement is also
`subject to a
`confidentiality clause.
`
`II.
`
`ARGUMENT
`This Administrative Motion to File Documents Under Seal should be granted because good
`cause exists to seal the above-identified documents, which were inadvertently filed publicly on June 3,
`2019.
`
`Specifically, good cause exists to seal the portions of the Parties’ Joint Statement Regarding
`Defendant Juniper Networks, Inc.’s Motion to Quash Deposition of Shlomo Touboul at page 3,
`paragraph 1, and Exhibits 4 and 5 thereto. These documents contain confidential business information
`which Finjan has designated “Highly Confidential – Attorneys’ Eyes Only” under the Protective Order
`
`FINJAN’S ADMIN. MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`Case 3:17-cv-05659-WHA Document 509 Filed 06/04/19 Page 4 of 5
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`in this action. Specifically, the designated documents contain Finjan’s confidential business information
`regarding its relationship with Mr. Touboul. Such information, if made public, would result in specific
`harm to Finjan. First, Mr. Touboul is not Finjan’s only consultant and Finjan maintains as highly
`confidential its specific agreements with consultants. Were such agreements made public, it would
`disadvantage Finjan in other consulting negotiations. Second, the agreement reflects confidential
`personal information of Mr. Touboul, such as his address and incomes from work for Finjan. The
`publicity of such information impinges on Mr. Touboul’s privacy, and it also harms Finjan by depleting
`its consultants’ trust in Finjan’s ability to protect their sensitive personal information.
`Other courts in this district have found that agreements with third parties, including consulting
`agreements, should be sealed because disclosure of such information would invade a third party’s
`privacy and harm a business in similar future negotiations. Icon-IP Pty Ltd. v. Specialized Bicycle
`Components, Inc., No. 12-CV-03844-JST, 2015 WL 984121, at *3 (N.D. Cal. Mar. 4, 2015) (sealing
`exhibit containing, inter alia, information regarding consulting agreements between a party and its third
`party consultant). Similarly, information about payments to consultants should similarly be sealed; here,
`the documents that Finjan requests to seal reveal the substance of the terms of Mr. Touboul’s payment as
`a consultant. See id. (sealing exhibits reflecting invoices and payments to third party consultants). This
`information was appropriate to seal even under the more stringent “compelling reasons” standard, such
`that there is ample good cause to seal these documents under the lesser Rule 26(c) sealing standard used
`for documents filed in connection with a non-dispositive motion.
`Pursuant to Civil Local Rule 79-5, Finjan has filed publicly the relevant excerpts of information
`that are not confidential. Attached hereto are redacted and unredacted versions of the document set forth
`above.
`III. CONCLUSION
`For the foregoing reasons, Finjan respectfully requests that the Court grant this Administrative
`Motion to File Documents Under Seal.
`
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`FINJAN’S ADMIN. MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`Case 3:17-cv-05659-WHA Document 509 Filed 06/04/19 Page 5 of 5
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`Dated: June 4, 2019
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`Respectfully submitted,
`
`By: /s/ Paul Andre
`Paul J. Andre (State Bar No. 196585)
`Lisa Kobialka (State Bar No. 191404)
`James Hannah (State Bar No. 237978)
`Kristopher Kastens (State Bar No. 254797)
`KRAMER LEVIN NAFTALIS
`& FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`pandre@kramerlevin.com
`lkobialka@kramerlevin.com
`jhannah@kramerlevin.com
`kkastens@kramerlevin.com
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`
`
`
`
`
`FINJAN’S ADMIN. MOTION TO FILE
`DOCUMENTS UNDER SEAL
`
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