Case 5:15-cv-03295-BLF Document 219 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,
`
`Defendant.
`
`Case No. 15-cv-03295-BLF
`
`
`ORDER GRANTING BLUE COAT
`SYSTEMS LLC’S RENEWED MOTION
`TO FILE UNDER SEAL CERTAIN
`EXHIBITS IN SUPPORT OF MOTION
`TO STRIKE PORTIONS OF EXPERT
`REPORTS
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`Before the Court is Defendant Blue Coat Systems, LLC’s (“Blue Coat”) Renewed
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`Administrative Motion to File Under Seal Certain Exhibits in Support of Defendant Blue Coat
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`Systems LLC’s Motion to Strike Portions of Expert Reports. ECF 217. For the reasons stated
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`below, the motion is 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.
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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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`28
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`Northern District of California
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`United States District Court
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`
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`FINJAN, INC.,
`
`Plaintiff,
`
`v.
`
`BLUE COAT SYSTEMS, LLC,
`
`Defendant.
`
`Case No. 15-cv-03295-BLF
`
`
`ORDER GRANTING BLUE COAT
`SYSTEMS LLC’S RENEWED MOTION
`TO FILE UNDER SEAL CERTAIN
`EXHIBITS IN SUPPORT OF MOTION
`TO STRIKE PORTIONS OF EXPERT
`REPORTS
`
`
`
`
`
`
`
`
`
`
`
`
`
`Before the Court is Defendant Blue Coat Systems, LLC’s (“Blue Coat”) Renewed
`
`Administrative Motion to File Under Seal Certain Exhibits in Support of Defendant Blue Coat
`
`Systems LLC’s Motion to Strike Portions of Expert Reports. ECF 217. For the reasons stated
`
`below, the motion is GRANTED.
`
`I. LEGAL STANDARD
`
`“Historically, courts have recognized a ‘general right to inspect and copy public records
`
`and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of
`
`Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435
`
`U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are
`
`“more than tangentially related to the merits of a case” may be sealed only upon a showing of
`
`“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,
`
`1101–02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed
`
`upon a lesser showing of “good cause.” Id. at 1097.
`
`In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing
`
`only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in
`
`part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-
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`Northern District of California
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`United States District Court
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`Case 5:15-cv-03295-BLF Document 219 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 Blue Coat’s renewed sealing motion (ECF 217) and its declaration
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`in support thereof (ECF 217-1). The Court finds that Blue Coat has 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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`Result
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`Reasoning
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`GRANTED as
`to highlighted
`portions.
`
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology and
`confidential aspects of Blue Coat’s business,
`including information relating to source code
`routines for the accused products and backend
`systems that are not publicly disclosed. Marder
`Sealing Decl. ¶¶ 3, 5, ECF 217-1.
`
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology and
`confidential aspects of Blue Coat’s business,
`including information relating to source code
`routines for the accused products and backend
`systems that are not publicly disclosed. Marder
`Sealing Decl. ¶¶ 3, 5, ECF 217-1.
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology and
`confidential aspects of Blue Coat’s business,
`including information relating to source code
`routines for the accused products and backend
`systems that are not publicly disclosed. Marder
`Sealing Decl. ¶¶ 3, 5, ECF 217-1.
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology and
`confidential aspects of Blue Coat’s business,
`including information relating to source code
`routines for the accused products and backend
`systems that are not publicly disclosed. Marder
`Sealing Decl. ¶¶ 3, 5, ECF 217-1.
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`2
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`ECF
`No.
`217-4
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`217-6
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`Document to
`be Sealed
`Ex. B to Marder
`Decl. ISO Blue
`Coat’s Motion
`to Strike
`Portions of
`Expert Reports,
`ECF 204
`(“Marder
`Decl.”)
`Ex. C to Marder
`Decl.
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`GRANTED as
`to highlighted
`portions.
`
`217-8
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`Ex. D to Marder
`Decl.
`
`GRANTED as
`to highlighted
`portions.
`
`217-10 Ex. E to Marder
`Decl.
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`GRANTED as
`to highlighted
`portions.
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`Case 5:15-cv-03295-BLF Document 219 Filed 05/09/17 Page 3 of 3
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`217-12 Ex. G to Marder
`Decl.
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`GRANTED as
`to highlighted
`portions.
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`217-14 Ex. H to Marder
`Decl.
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`GRANTED as
`to highlighted
`portions.
`
`217-16 Ex. I to Marder
`Decl.
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`GRANTED as
`to highlighted
`portions.
`
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology and
`confidential aspects of Blue Coat’s business,
`including information relating to source code
`routines for the accused products and backend
`systems that are not publicly disclosed. Marder
`Sealing Decl. ¶¶ 3, 5, ECF 217-1.
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology and
`confidential aspects of Blue Coat’s business,
`including information relating to source code
`routines for the accused products and backend
`systems that are not publicly disclosed. Marder
`Sealing Decl. ¶¶ 3, 5, ECF 217-1.
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology and
`confidential aspects of Blue Coat’s business,
`including information relating to source code
`routines for the accused products and backend
`systems that are not publicly disclosed. Marder
`Sealing Decl. ¶¶ 3, 5, ECF 217-1.
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`III. ORDER
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`For the foregoing reasons, the renewed sealing motion at ECF 217 is GRANTED.
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`IT IS SO ORDERED.
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`
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`Dated: May 9, 2017
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`
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`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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`Northern District of California
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`United States District Court
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