Case 3:17-cv-05659-WHA Document 93 Filed 06/04/18 Page 1 of 4
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`IRELL & MANELLA LLP
`Jonathan S. Kagan (SBN 166039)
`jkagan@irell.com
`Joshua P. Glucoft (SBN 301249)
`jglucoft@irell.com
`Casey Curran (SBN 305210)
`ccurran@irell.com
`Sharon Song (SBN 313535)
`ssong@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
`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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`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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`JUNIPER NETWORKS, INC.,
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`vs.
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`Defendant.
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`Case No. 3:17-cv-05659-WHA
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`DECLARATION OF SHARON SONG ON
`BEHALF OF DEFENDANT JUNIPER
`NETWORKS, INC. IN SUPPORT OF
`FINJAN, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS
`UNDER SEAL (DKT. NO. 90)
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`Judge: Hon. William Alsup
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10088699
`
`
`- 1 -
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`DECLARATION OF SHARON SONG ON BEHALF OF
`DEFENDANT JUNIPER ISO FINJAN’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

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`Case 3:17-cv-05659-WHA Document 93 Filed 06/04/18 Page 2 of 4
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`DECLARATION OF SHARON SONG
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`I, Sharon Song, declare as follows:
`1.
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`I am an attorney at the law firm of Irell & Manella LLP, counsel of record for
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`Juniper Networks, Inc. (“Juniper”) in the above-captioned action. I am a member in good standing
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`of the State Bar of California and have been admitted to practice before this Court. I have
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`personal knowledge of the facts set forth in this Declaration and, if called as a witness, could and
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`would testify competently to such facts under oath.
`2.
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`I submit this declaration in support of Finjan, Inc.’s (“Finjan”) Administrative
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`Motion to File Documents Under Seal (Dkt. No. 90; “Motion to Seal”), which moves the Court for
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`an order to file under seal, among other things, the following items related to Juniper:
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` Select portions of pages 3 and 6 of Finjan’s Motion for Leave to File Second
`Amended Complaint;
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` Select portions of Exhibits 1 and 5 to the Declaration of Kristopher Kastens
`(“Kastens Decl.”) in Support of Finjan’s Motion to Seal;
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` Exhibit 2 to the Kastens Decl.; and
` Exhibits 33 and 34 to the Second Amended Complaint.
`In this declaration, I explain why certain portions of the material cited above is sealable pursuant
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`to Civil Local Rule 79-5 and provide additional facts in support of Finjan’s Motion to Seal to the
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`extent that the administrative motion pertains to Juniper. I also explain that Juniper does not
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`support Finjan’s Motion to Seal certain other portions of the material cited above.
`3.
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`Exhibit 2 to the Kastens Decl. described above is comprised of excerpts from the
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`deposition transcript of Yuly Tenorio as Juniper’s corporate designee pursuant to a subpoena
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`served on Juniper by Finjan. The select portions of pages 3 and 6 of Finjan’s Motion for Leave to
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`File Second Amended Complaint (“Motion for Leave”) described above paraphrase the
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`transcript’s contents at 226:16-227:4 and 226:16-228:10. Juniper supports Finjan’s Motion to Seal
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`Exhibit 2, containing excerpts of Yuly Tenorio’s deposition transcript, at 226:1-228:15. Juniper
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`also supports Finjan’s Motion to Seal select portions of pages 3 and 6 of Finjan’s Motion for
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`Leave that paraphrase the transcript’s contents at 226:16-227:4 and 226:16-228:10. Exhibit 2 at
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10088699
`
`
`- 2 -
`
`DECLARATION OF SHARON SONG ON BEHALF OF
`DEFENDANT JUNIPER ISO FINJAN’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 93 Filed 06/04/18 Page 3 of 4
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`226:1-228:15 has never been made public and contains substantive discussion of the technical
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`underpinnings and development of Juniper’s highly proprietary software—which includes much
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`information that Juniper maintains as trade secrets. Juniper expends significant effort in
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`maintaining the secrecy of its software architecture and development, including, for example,
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`implementing strict screening procedures for visitors to its engineering campus. Public disclosure
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`of essential nonpublic facts about Juniper’s software development could materially impair
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`Juniper’s intellectual property rights and could cause serious competitive consequences to
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`Juniper’s business positioning. Juniper does not support Finjan’s Motion to Seal other portions of
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`Exhibit 2 not expressly identified herein, because they do not contain confidential information.
`4.
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`Exhibits 33 and 34 to the Second Amended Complaint described above are
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`documents that have never been made public and contain information related to the technical
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`underpinnings and development of Juniper’s highly proprietary software—which includes much
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`information that Juniper maintains as trade secrets. Juniper expends significant effort in
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`maintaining the secrecy of its software architecture and development, including, for example,
`
`implementing strict screening procedures for visitors to its engineering campus. Public disclosure
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`of essential nonpublic facts about Juniper’s software development could materially impair
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`Juniper’s intellectual property rights and could cause serious competitive consequences to
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`Juniper’s business positioning.
`5.
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`Select portions of Exhibits 1 and 5 to the Kastens Decl. described above are
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`paragraphs 132-136 in Finjan’s proposed Second Amended Complaint. Juniper supports Finjan’s
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`Motion to Seal (1) the figures from Exhibits 33 and 34 that are cited or referenced in ¶¶ 132-136
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`of Exhibits 1 and 5 to the Kastens Decl. and (2) the terms “DynamoDB” and “S3 storage” in ¶ 134
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`of Exhibits 1 and 5 to the Kastens Decl. These figures and terms have never been made public and
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`contain information related to the technical underpinnings and development of Juniper’s highly
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`proprietary software—which includes much information that Juniper maintains as trade secrets.
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`Juniper expends significant effort in maintaining the secrecy of its software architecture and
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`development, including, for example, implementing strict screening procedures for visitors to its
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`engineering campus. Public disclosure of essential nonpublic facts about Juniper’s software
`
`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10088699
`
`
`- 3 -
`
`DECLARATION OF SHARON SONG ON BEHALF OF
`DEFENDANT JUNIPER ISO FINJAN’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`

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`Case 3:17-cv-05659-WHA Document 93 Filed 06/04/18 Page 4 of 4
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`development could materially impair Juniper’s intellectual property rights and could cause serious
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`competitive consequences to Juniper’s business positioning. Juniper does not support Finjan’s
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`Motion to Seal the other portions of ¶¶ 132-136 of Exhibits 1 and 5 to the Kastens Decl. not
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`expressly identified herein because they represent Finjan’s allegations of the operation of the
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`accused products, with which Juniper doesn’t necessarily agree.
`6.
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`In light of the foregoing, there are compelling reasons to seal the documents
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`described above.
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`Executed on June 4, 2018 in Los Angeles, 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.
`
` /s/ Sharon Song
` Sharon Song
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`IRELL & MANELLA LLP
`A Registered Limited Liability
`Law Partnership Including
`Professional Corporations
`
`10088699
`
`
`- 4 -
`
`DECLARATION OF SHARON SONG ON BEHALF OF
`DEFENDANT JUNIPER ISO FINJAN’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER SEAL
`Case No. 3:17-cv-05659-WHA
`
`