Case 3:17-cv-05659-WHA Document 509-1 Filed 06/04/19 Page 1 of 4
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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
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`Attorneys for Plaintiff
`FINJAN, INC.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`SAN FRANCISCO DIVISION
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`Defendant.
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`ANDRE DECL. IN SUPPORT OF 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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`Plaintiff,
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`v.
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`FINJAN, INC., a Delaware Corporation,
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`JUNIPER NETWORKS, INC., a Delaware
`Corporation,
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`Case No.: 3:17-cv-05659-WHA-TSH
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`DECLARATION OF PAUL ANDRE IN
`SUPPORT OF PLAINTIFF FINJAN, INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`Case 3:17-cv-05659-WHA Document 509-1 Filed 06/04/19 Page 2 of 4
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`I, Paul Andre, declare:
`1.
`I have personal knowledge of the facts stated herein.
`2.
`I am an attorney at Kramer Levin Naftalis & Frankel LLP, counsel of record for Finjan,
`Inc. (“Finjan”). I make this declaration in support of Plaintiff Finjan, Inc.’s Administrative Motion to
`Seal Parties’ Joint Statement Regarding Defendant Juniper Networks, Inc.’s Motion to Quash Deposition
`of Shlomo Touboul, pursuant to Civil Local Rules 79-5(d)-(e).
`3.
`I have reviewed the following documents and confirmed that they contain information
`designated as “Highly Confidential – Attorneys’ Eyes Only” by Finjan, pursuant to the stipulated
`protective order in this litigation.
`
`Identification of Documents
`
`Exhibit 5 to the Parties’ Joint
`Statement Regarding
`Defendant Juniper Networks,
`
`Entirety
`
`Finjan
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`ANDRE DECL. IN SUPPORT OF 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 Line
`Numbers to
`Seal
`p. 3, ¶ 1
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`Entity that
`Designated the
`Information to
`be Confidential
`Finjan
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`Entirety
`
`Finjan
`
`Portions of the Parties’ Joint
`Statement Regarding
`Defendant Juniper Networks,
`Inc.’s Motion to Quash
`Deposition of Shlomo Touboul
`(Dkt. No. 504)
`
`Exhibit 4 to the Parties’ Joint
`Statement Regarding
`Defendant Juniper Networks,
`Inc.’s Motion to Quash
`Deposition of Shlomo Touboul
`(Dkt. No. 504-4)
`
`Reason to Keep Sealed
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`The limited proposed
`sealed portions of the
`joint statement reflect
`confidential terms from
`Mr. Touboul’s
`consulting agreements
`with Finjan.
`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.
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`Case 3:17-cv-05659-WHA Document 509-1 Filed 06/04/19 Page 3 of 4
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`Inc.’s Motion to Quash
`Deposition of Shlomo Touboul
`(Dkt. No. 504-5)
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`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.
`4.
`This Administrative Motion to File Documents Under Seal should be granted because
`good cause exist to seal the documents identified above. The documents reflect Finjan’s confidential
`business information regarding its relationship with Mr. Touboul and its relationship with third-party
`consultants, the disclosure of which would harm Finjan in its negotiations with its consultants and would
`result in an invasion of Mr. Touboul’s privacy, as it would expose personal information regarding his
`income, address, and details of his position as a consultant. Finjan seeks to seal only those documents
`and portions of documents that it has identified as containing confidential information pursuant to the
`Protective Order, and it seeks to make a narrowly-tailored request.
`5.
`Finjan seeks to seal 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 portions contain information that Finjan has designated as “Highly Confidential –
`Attorneys’ Eyes Only.” Specifically, Exhibit 4 is an amendment to Mr. Touboul’s confidential
`consulting agreement, which contains information about Mr. Touboul’s income and reflects details of his
`consulting relationship with Finjan, the disclosure of which is harmful to both Finjan and Mr. Touboul.
`Exhibit 5 is Mr. Touboul’s confidential consulting agreement, which also contains information about Mr.
`Touboul’s income and consulting relationship with Finjan. Finally, the Parties’ Joint Statement
`Regarding Defendant Juniper Networks, Inc.’s Motion to Quash Deposition of Shlomo Touboul cites
`specific terms, including a payment term, from Mr. Touboul’s agreements.
`6.
`Finjan inadvertently filed the above-identified documents publicly on June 3, 2019.
`Upon realizing its error, Finjan diligently worked to remedy the filing and submit this Motion to Seal.
`2
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`ANDRE DECL. IN SUPPORT OF 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 509-1 Filed 06/04/19 Page 4 of 4
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`I declare under penalty of perjury under the laws of the United States of America that each of the
`above statements is true and corrected. Executed on June 4, 2019, in Menlo Park, California.
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`/s/ Paul Andre
`Paul Andre
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`ANDRE DECL. IN SUPPORT OF FINJAN’S
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
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