`
`
`
`
`
`
`
`
`
`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 MOTION TO FILE
`UNDER SEAL PORTIONS OF ITS
`AMENDED REPLY
`
`[Re: ECF 260]
`
`
`
`Before the Court is Defendant Blue Coat Systems LLC’s (“Blue Coat”) administrative
`
`motion to file under seal portions of its Amended Reply in Support of its Motion for Summary
`
`Judgment (“Amended Reply”). ECF 260. For the reasons set forth below, Blue Coat’s 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 & 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. 79-5(d)(1)(A). “Reference to a stipulation or
`
`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
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:15-cv-03295-BLF Document 267 Filed 06/19/17 Page 2 of 2
`
`
`
`protective order that allows a party to designate certain documents as confidential is not sufficient
`
`to establish that a document, or portions thereof, are sealable.” Id.
`
`II. DISCUSSION
`
`The Court has reviewed Blue Coat’s sealing motion and the declaration submitted in
`
`support thereof. According to Blue Coat, the portions of the Amended Reply for which sealing is
`
`requested contain information which relates to the operation and infrastructure of backend systems
`
`and services and other highly confidential information about the operation and development of the
`
`accused products. Declaration of Robin L. Brewer in Support of Administrative Motion to File
`
`Under Seal, ECF 260-1 ¶¶ 4-8. These portions also contain information relating to Blue Coat’s
`
`highly confidential business operations. Id. The Court finds that Blue Coat has articulated
`
`compelling reasons and good cause for sealing. The proposed redactions are also narrowly
`
`tailored. Accordingly, the Court GRANTS Blue Coat’s motion to seal.
`
`IT IS SO ORDERED.
`
`
`
`Dated: June 19, 2017
`
`
`
`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
`
`2
`
`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
`
`Northern District of California
`
`United States District Court
`
`