`
`Juanita R. Brooks (CA SBN 75934), brooks@fr.com
`Frank J. Albert (CA SBN 247741), albert@fr.com
`Oliver J. Richards (CA SBN 310972), ojr@fr.com
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Suite 400
`San Diego, CA 92130
`Telephone: (858) 678-5070 / Fax: (858) 678-5099
`
`Robert Courtney (CA SNB 248392), courtney@fr.com
`FISH & RICHARDSON P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`Tel: (612) 335-5070 / Fax: (612) 288-9696
`
`Attorneys for Plaintiff, FINJAN, INC.
`
`
`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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`FINJAN, INC.,
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` Plaintiff,
`
`
`v.
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`JUNIPER NETWORKS, INC.,
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` Defendant.
`
`Case No. 3:17-cv-05659-WHA
`
`DECLARATION OF ROBERT COURTNEY
`IN SUPPORT OF FINJAN, INC.’S MOTION
`IN SUPPORT OF SEALING DAUBERT
`ORDER
`
`Date: February 18, 2021
`Time: 8:00 a.m., Telephonic Hearing
`U.S. District Judge William H. Alsup
`Courtroom 12
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`Case No. 3:17-cv-05659-WHA
`DECLARATION OF ROBERT COURTNEY SUPP. MOTION TO SEAL
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`Case 3:17-cv-05659-WHA Document 645-1 Filed 01/07/21 Page 2 of 3
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`I, Robert Courtney, hereby declare and state as follows:
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`1.
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`I am a principal in the law firm of Fish & Richardson P.C., counsel of record for
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`Plaintiffs Finjan, Inc. in the above-captioned matter. I have personal knowledge of all the facts
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`contained herein and, if called as a witness, I could and would testify competently thereto.
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`2.
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`Attached as Redacted Exhibit A hereto is a redacted copy of the Court’s Order of
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`December 3, 2018 relating to Daubert motions (D.I. 283), with redactions on pages 9 and 10. These
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`redactions cover confidential information relating to Finjan’s third-party licenses and negotiation
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`thereof, which Finjan designated as confidential under the Court’s protective order. This is material
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`that Finjan keeps confidential in the ordinary course of business, based on a view that its publication
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`would cause competitive harm to Finjan of at least two types. First, it would diminish future
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`potential licensees’ willingness to enter into private negotiation with Finjan due to uncertainty about
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`the long-term confidentiality of such negotiations. Second, it would give future potential licensees
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`insight into Finjan’s confidential licensing strategies and objectives that potential licensees would
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`not otherwise have, and without giving Finjan complementary insight into the licensees’ strategies
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`or objectives.
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`3.
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`Attached as SEALED Exhibit A hereto is a true and correct copy of the Court’s Order
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`of December 3, 2018 relating to Daubert motions (D.I. 283), with annotations indicating the material
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`sought to be redacted and bearing the notation “UNREDACTED VERSION OF DOCUMENT
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`SOUGHT TO BE SEALED,” as required by Civil Local Rule 79-5(d)(1)(D).
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`4.
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`Attached as Exhibit B is a true and correct copy of the Declaration of Julie Mar-
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`Spinola (Dkt. 331-1), originally presented in support of Finjan’s motion to stay the unsealing of the
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`Daubert order.
`
`5.
`
`On January 7, 2021, I discussed Finjan’s proposal to have twelve lines of the Daubert
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`order sealed with counsel for Juniper over email. Counsel for Juniper represented that Juniper does
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`not oppose the relief requested by Finjan, but is unable to enter into a stipulation as to the sealability
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`of the material in question.
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`Case No. 3:17-cv-05659-WHA
`DECLARATION OF ROBERT COURTNEY SUPP. MOTION TO SEAL
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`Case 3:17-cv-05659-WHA Document 645-1 Filed 01/07/21 Page 3 of 3
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`I declare under the penalty of perjury of the laws of the United States of America that the
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`foregoing is true and correct. Executed on January 7, 2021, in Plymouth, Minnesota.
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`By:
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`/s/ Robert Courtney
`Robert Courtney
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`Case No. 3:17-cv-05659-WHA
`DECLARATION OF ROBERT COURTNEY SUPP. MOTION TO SEAL
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