Case 5:15-cv-03295-BLF Document 218 Filed 05/09/17 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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`FINJAN, INC.,
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`Plaintiff,
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`v.
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`BLUE COAT SYSTEMS, LLC,
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`Case No. 15-cv-03295-BLF
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`ORDER GRANTING IN PART AND
`DENYING IN PART FINJAN, INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
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`Defendant.
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`Before the Court is Plaintiff Finjan, Inc.’s (“Finjan”) administrative motion to file under
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`seal portions of its Opposition to Blue Coat’s Motion to Strike Portions of Expert Reports and
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`select exhibits to the Declaration of James Hannah in Support thereof. ECF 212. For the reasons
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`stated below, the motion at ECF 212 is GRANTED IN PART and DENIED IN PART.
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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.
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`In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing
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`only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in
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`part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-
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`Case 5:15-cv-03295-BLF Document 218 Filed 05/09/17 Page 2 of 3
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`5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain
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`documents as confidential is not sufficient to establish that a document, or portions thereof, are
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`sealable.” Id.
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`II. DISCUSSION
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`The Court has reviewed Finjan’s sealing motion (ECF 212) and the parties’ declarations in
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`support thereof (ECF 212-1, 215). The Court finds that the parties have articulated compelling
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`reasons and good cause to seal the submitted documents. The Court’s rulings on the sealing
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`request are set forth in the table below:
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`ECF
`No.
`212-4
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`212-6
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`212-8
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`Document to
`be Sealed
`Finjan’s
`Opposition to
`Blue Coat’s
`Motion to Strike
`Portions of
`Expert Reports
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`Ex. 2 to Hannah
`Decl. ISO
`Opposition to
`Blue Coat’s
`Motion to Strike
`Portions of
`Expert Reports,
`ECF 213-1
`(“Hannah
`Decl.”)
`Ex. 3 to Hannah
`Decl.
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`212-10 Ex. 4 to Hannah
`Decl.
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`Result
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`Reasoning
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`GRANTED as
`to highlighted
`portions.
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`GRANTED.
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`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology, and
`confidential aspects of Blue Coat’s business,
`including information relating to Blue Coat’s
`source code, and the confidential operation of Blue
`Coat’s products, including backend systems.
`Marder Decl. ¶ 6, ECF 215.
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology, and
`confidential aspects of Blue Coat’s business,
`including information relating to the confidential
`operation of Blue Coat’s SSL Visibility Appliance.
`Marder Decl. ¶ 7.
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`GRANTED.
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`GRANTED as
`to the second
`page of the
`exhibit,
`numbered
`page 44;
`DENIED as to
`the remainder.
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`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology, and
`confidential aspects of Blue Coat’s business,
`including information relating to the confidential
`operation of Blue Coat’s backend URL rating
`systems. Marder Decl. ¶ 8.
`Second page of the exhibit, numbered page 44,
`contains highly confidential technical information
`regarding Blue Coat’s proprietary technology, and
`confidential aspects of Blue Coat’s business,
`including information relating to the confidential
`operation of Blue Coat’s WebPulse service,
`including backend systems. Marder Decl. ¶ 9. No
`supporting declaration has been provided as to the
`remainder.
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`Case 5:15-cv-03295-BLF Document 218 Filed 05/09/17 Page 3 of 3
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`212-12 Ex. 5 to Hannah
`Decl.
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`GRANTED.
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`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology, and
`confidential aspects of Blue Coat’s business,
`including information relating to the confidential
`operation of Blue Coat’s Content Analysis System
`and Malware Analysis Appliance, including
`backend systems. Marder Decl. ¶ 10.
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`III. ORDER
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`For the foregoing reasons, the sealing motion at ECF 212 is GRANTED IN PART and
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`DENIED IN PART. Under Civil Local Rule 79-5(e)(2), for any request that has been denied
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`because the party designating a document as confidential or subject to a protective order has not
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`provided sufficient reasons to seal, the submitting party must file the unredacted (or lesser
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`redacted) documents into the public record no earlier than 4 days and no later than 10 days form
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`the filing of this order. Alternatively, the moving party may also renew the motion so to provide
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`sufficient reasons in the supporting declarations no later than 10 days form the filing of this order.
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`IT IS SO ORDERED.
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`Dated: May 9, 2017
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`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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