Case 3:18-cv-02621-WHO Document 243 Filed 12/06/19 Page 1 of 3
`
`
`
`
`
`
`CLEMENT ROBERTS (SBN: 209203)
`croberts@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`405 Howard Street
`San Francisco, CA 94105
`Telephone:
`(415) 773-5700
`Facsimile:
`(415) 773-5759
`
`VICKIE FEEMAN (SBN: 177487)
`vfeeman@orrick.com
`EVAN BREWER (SBN: 304411)
`ebrewer@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`1000 Marsh Road
`Menlo Park, CA 94025-1015
`Telephone:
`+1 650 614 7400
`Facsimile:
`+1 650 614 7401
`
`ALYSSA CARIDIS (SBN: 260103)
`acaridis@orrick.com
`MARGARET ABERNATHY (SBN: 300273)
`mabernathy@orrick.com
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`777 South Figueroa Street, Suite 3200
`Los Angeles, CA 90017
`Telephone: (213) 629-2020
`Facsimile: (213) 612-2499
`Attorneys for Defendants
`CHECK POINT SOFTWARE TECHNOLOGIES, INC. and
`CHECK POINT SOFTWARE TECHNOLOGIES, LTD.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`FINJAN, INC. a Delaware Corporation,
`Case No. 3:18-cv-02621-WHO
`DECLARATION OF EVAN D. BREWER
`Plaintiff,
`ON BEHALF OF DEFENDANT CHECK
`POINT SOFTWARE TECHNOLOGIES,
`INC. AND CHECK POINT SOFTWARE
`TECHNOLOGIES, LTD. IN SUPPORT
`OF FINJAN, INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS
`UNDER SEAL (DKT. NO. 241)
`Complaint filed: May 3, 2018
`Trial Date: January 25, 2021
`
`v.
`CHECK POINT SOFTWARE
`TECHNOLOGIES INC., a Delaware
`Corporation, CHECK POINT SOFTWARE
`TECHNOLOGIES LTD., an Israeli Limited
`Company,
`
`Defendants.
`
`
`
`
`
`BREWER DECL. ISO FINJAN’S
`MOTION TO FILE UNDER SEAL
`3:18-CV-02621-WHO
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`

`

`Case 3:18-cv-02621-WHO Document 243 Filed 12/06/19 Page 2 of 3
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`I, Evan D. Brewer, declare as follows:
`1.
`I am an attorney at the law firm of Orrick, Herrington & Sutcliffe LLP, counsel of
`record for Defendants Check Point Software Technologies, Inc. and Check Point Software
`Technologies, Ltd. (“Check Point”) in the above-captioned action. I am a member in good
`standing of the State Bar of California and have been admitted to practice before this Court. I
`have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could
`and would testify competently to such facts under oath.
`2.
`I submit this declaration in support of Finjan, Inc.’s (“Finjan”) Renewed
`Administrative Motion to File Documents Under Seal (Dkt. No. 241), which moves the Court for
`an order to file under seal two manually-filed paper copies of source code printouts submitted as
`exhibits to the Declaration of Kristopher Kasten in Support of Opposition to Motion to Enforce
`Court Order and Strike Second Amended Infringement Contentions (the “Kastens Declaration”):
` Dkt. No. 241-4 is an unredacted, manually-filed paper copy of Exhibit 1 to the
`Kastens Declaration, which contains Check Point’s source code and should be
`sealed.
` Dkt. No. 241-6 is an unredacted, manually-filed paper copy of Exhibit 2 to the
`Kastens Declaration, which also contains Check Point’s source code and should be
`sealed.
`In this declaration, I explain why the material cited above is sealable pursuant to Civil Local Rule
`79-5 and provide additional facts in support of Finjan’s Administrative Motion to File Documents
`Under Seal to the extent that the administrative motion pertains to Check Point.
`3.
`Exhibits 1 and 2 to the Kastens Declaration contain extensive reproduction of
`Check Point’s highly-confidential, commercially-sensitive, and proprietary trade secret source
`code that is not publicly-known and would cause Check Point significant competitive harm
`should it be made public.
`4.
`Check Point expends significant effort in maintaining the secrecy of its software
`architecture, development, and source code, including, for example, implementing strict screening
`procedures for those able to view the source code and related materials. Public disclosure of
`
`BREWER DECL. ISO FINJAN’S
`MOTION TO FILE UNDER SEAL
`3:18-CV-02621-WHO
`
`- 1 -
`
`
`
`

`

`Case 3:18-cv-02621-WHO Document 243 Filed 12/06/19 Page 3 of 3
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`ORRICK, HERRINGTON &
`SUTCLIFFE LLP
`ATTORNEYS AT LAW
`SILICON VALLEY
`
`
`
`
`
`
`
`
`
`essential nonpublic facts about Check Point’s software development could materially impair
`Check Point’s intellectual property rights and could cause serious competitive consequences to
`Check Point’s business positioning. Additionally, given the nature of the products at issue
`(network and computer security products), disclosure of the information in these documents could
`compromise the security of computers and networks protected by such products. The information
`Check Point requests be sealed qualifies as source code under the Protective Order previously
`entered by the Court in this case. ECF No. 31.
`5.
`Pursuant to the Protective Order previously entered by the Court in this case, no
`electronic copies of Exhibits 1 and 2 to the Kastens Declaration should be made, and they should
`be maintained in paper form only. ECF No. 31. Check Point also requests that the Court destroy
`any remaining copies of these documents upon the termination of this case, or that the Court
`permit Check Point to retrieve the remaining source code documents from the Court to securely
`dispose of such documents.
`6.
`In light of the foregoing, there are compelling reasons to seal the documents
`described above.
`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`knowledge. Executed this 6th day of December, 2019 in Menlo Park, California.
`
`
` /s/ Evan D. Brewer
`EVAN D. BREWER
`
`
`- 2 -
`
`BREWER DECL. ISO FINJAN’S
`MOTION TO FILE UNDER SEAL
`3:18-CV-02621-WHO
`
`