`
`
`
`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
`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
`
`OAKLAND DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`QUALYS INC., a Delaware Corporation,
`
`
`
`
`
`
`Defendant.
`
`Case No.: 4:18-cv-07229-YGR
`
`DECLARATION OF JAMES HANNAH IN
`SUPPORT OF QUALYS INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL (DKT. NO. 44)
`
`
`
`HANNAH DECL. IN SUPPORT OF QUALYS’ ADMIN.
`MOT. TO FILE DOCUMENTS UNDER SEAL (DKT. 44)
`
` CASE NO.: 4:18-cv-07229-YGR
`
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`Case 4:18-cv-07229-YGR Document 46 Filed 03/02/20 Page 2 of 3
`
`
`
`I, James Hannah, declare:
`1.
`I have personal knowledge of the facts stated herein and can testify competently to those
`facts. I am licensed to practice law in the State of California and am an attorney at Kramer Levin
`Naftalis & Frankel LLP, counsel of record for Finjan, Inc. (“Finjan”). I make this declaration in support
`of Qualys Inc.’s (“Qualys”) Administrative Motion to File Documents Under Seal in connection with its
`Motion for Leave to Amend Answer and Affirmative Defenses (Dkt. No. 44).
`2.
`I have reviewed Exhibit D to the Mays Declaration in Support of Qualys’ Motion for
`Leave to Amend Answer and Affirmative Defenses and confirmed that this document is designated as
`“Highly Confidential – Attorneys’ Eyes Only” by Finjan and contains information that Finjan regards
`confidential within its business.
`
`
`Identification of Document(s) to be Sealed
`
`Portions of
`Document(s) Sought
`to be Sealed
`Entire Document
`
`Exhibit D to Declaration of Christopher D. Mays in Support of Qualys
`Inc.’s Motion for Leave to File a Second Amended Answer
`
`
`
`
`Finjan seeks to seal the above portions of Exhibit D to the Declaration of Christopher D.
`3.
`Mays in Support of Qualys Inc.’s Motion for Leave to File a Second Amended Answer because these
`portions reflect Finjan’s confidential licensing information. The confidential portions of this document
`are limited to disclosure within Finjan to only those with a need to know, and may be disclosed in
`litigation only when relevant and under the highest level of confidentiality. If competitors gain access to
`Finjan’s confidential licensing information, Finjan will be placed at an unfair disadvantage in future
`business negotiations. In the context of confidential settlement discussions, Finjan and its licensees
`exchange proposed license fee terms under Fed. R. Evid. 408 based on confidential business and product
`information of both parties. If such confidential information were to be disclosed publicly, prospective
`licensees would be unwilling to exchange relevant confident information to engage in productive
`licensing and settlement negotiations.
`
`1
`HANNAH DECL. IN SUPPORT OF QUALYS’ ADMIN.
`MOT. TO FILE DOCUMENTS UNDER SEAL (DKT. 44)
`
` CASE NO.: 4:18-cv-07229-YGR
`
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`Case 4:18-cv-07229-YGR Document 46 Filed 03/02/20 Page 3 of 3
`
`
`
`Based on the foregoing, good cause exists to seal the portions of the documents described
`4.
`above. Finjan seeks to seal only those portions of the documents that contain its confidential information
`pursuant to the Protective Order and for which it has good cause to seal.
`
` I
`
`
`
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`
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` declare under penalty of perjury under the laws of the United States of America that each of the
`above statements is true and correct. Executed on March 2, 2020, in Menlo Park, California
`
`
` /s/ James Hannah
`
`James Hannah
`
`
`
`2
`HANNAH DECL. IN SUPPORT OF QUALYS’ ADMIN.
`MOT. TO FILE DOCUMENTS UNDER SEAL (DKT. 44)
`
` CASE NO.: 4:18-cv-07229-YGR
`
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`
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