Case 5:15-cv-03295-BLF Document 132 Filed 10/24/16 Page 1 of 3
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN JOSE DIVISION
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`Case No. 15-cv-03295-BLF
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`ORDER GRANTING SEALING
`MOTIONS
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`[Re: ECF 111, 124]
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`FINJAN, INC.,
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`Plaintiff,
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`v.
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`BLUE COAT SYSTEMS, LLC,
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`Defendant.
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`This order specifically addresses parties’ administrative motions to file under seal portions
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`of their briefing and exhibits in relation to Plaintiff’s motion for preliminary injunction. For the
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`reasons stated below, the motions are GRANTED.
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`I. LEGAL STANDARD
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`“Historically, courts have recognized a ‘general right to inspect and copy public records
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`and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of
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`Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435
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`U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are
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`“more than tangentially related to the merits of a case” may be sealed only upon a showing of
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`“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,
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`1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed
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`upon a lesser showing of “good cause.” Id. at 1097. In addition, sealing motions filed in this
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`district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b).
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`A party moving to seal a document in whole or in part must file a declaration establishing that the
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`identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or
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`protective order that allows a party to designate certain documents as confidential is not sufficient
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`to establish that a document, or portions thereof, are sealable.” Id.
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`Case 5:15-cv-03295-BLF Document 132 Filed 10/24/16 Page 2 of 3
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`II. DISCUSSION
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`The Court has reviewed the parties’ sealing motions and respective declarations in support
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`thereof. The Court finds the parties have articulated compelling reasons to seal certain portions of
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`the submitted documents. The proposed redactions are also narrowly tailored. The Court’s
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`rulings on the sealing requests are set forth in the tables below:
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`A. ECF 111
`Identification of Documents
`to be Sealed
`Defendant Blue Coat Systems,
`Inc.’s Opposition to Plaintiff
`Finjan, Inc.’s Motion for
`Preliminary Injunction
`(“Opposition”)
`Opposition
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`Declaration of Dr. Azer
`Bestavros in Support of
`Opposition (“Bestavros
`Declaration”)
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`Declaration of Patrik Runald in
`Support of Opposition
`(“Runald Declaration”)
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`Ex. I to Declaration of Olivia
`M. Kim in Support of
`Opposition (“Kim
`Declaration”), in its entirety.
`Ex. J to Kim Declaration, in its
`entirety.
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`Ex. L to Kim Declaration, in
`its entirety.
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`Ex. P to Kim Declaration, in
`its entirety.
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`Ex. T to Kim Declaration, in
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`Description of Documents
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`Court’s Order
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`Sections 23:9-11 and 25:10-13
`contain confidential product
`and business information of
`Blue Coat Systems, Inc.
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`Sections 1:10-12, 5:19-21,
`11:24-26, 14:24-26, 15:3-5,
`15:12-13, 15:24, 16:1-3, 16:6,
`18:2-5, 18:27, 19:1, 19:3-4,
`and 22:10-11 contain
`confidential technology and
`business information of Finjan,
`Inc.
`Sections 8:15-9:7, 15-20,10:8-
`21, and 11:2-3 contain
`confidential product and
`source code information of
`Blue Coat Systems, Inc.
`Section 2:4-8 contains
`confidential business and
`product information of Blue
`Coat Systems, Inc.
`This exhibit contains Finjan,
`Inc.’s confidential business
`and technology information.
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`This exhibit contains Finjan,
`Inc.’s confidential business
`and technology information.
`This exhibit contains Blue
`Coat Systems, Inc.’s
`confidential business and
`technology information.
`This exhibit contains Finjan,
`Inc.’s confidential business
`and technology information.
`This exhibit contains Finjan,
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`2
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`Case 5:15-cv-03295-BLF Document 132 Filed 10/24/16 Page 3 of 3
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`its entirety.
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`Ex. W to Kim Declaration, in
`its entirety.
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`Ex. X to Kim Declaration, in
`its entirety.
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`B. ECF 124
`Identification of Documents
`to be Sealed
`Plaintiff Finjan, Inc.’s Reply in
`Further Support of its Motion
`for Preliminary Injunction
`(“Reply”)
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`Exhibit 1 to Declaration of
`Cristina Martinez in Support of
`Reply (“Martinez Decl.”)
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`Exhibit 2 to Martinez Decl.
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`Inc.’s confidential business
`and technology information.
`This exhibit contains Finjan,
`Inc.’s confidential license
`agreement.
`This exhibit contains Finjan,
`Inc.’s confidential license
`agreement.
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`GRANTED.
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`GRANTED.
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`Description of Documents
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`Court’s Order
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`GRANTED.
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`GRANTED.
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`GRANTED.
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`Sections 8:16-26; 11:8-9;
`11:17-18; 12:8-11; 13: 7-9;
`and 14:24-25 contain Finjan,
`Inc.’s confidential business
`and product information, as
`well as Blue Coat Systems,
`Inc.’s confidential product
`information.
`Sections 66:1-7; 70:4-12;
`71:25; 72:1-6; 96:1-9; 96:14-
`98:1; 110:5-12; 137:8-138:2;
`139:22-140:25; 146:14-19;
`151:17-152:15; and 153:2-15
`contain Finjan, Inc.’s
`confidential business,
`financial, and technical
`information.
`Sections 75:1-15; 75:17-79:19;
`113:2-8; 113:15-117:25;
`119:1-20; 121:5-11; 121:13-
`25; 128:2-20; and 170:15-171:
`22 contain Finjan, Inc.’s
`confidential business,
`financial, and technical
`information.
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`IT IS SO ORDERED.
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`Dated: October 24, 2016
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` ______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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