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Case 5:15-cv-03295-BLF Document 267 Filed 06/19/17 Page 1 of 2
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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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`Defendant.
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`Case No. 15-cv-03295-BLF
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`ORDER GRANTING BLUE COAT
`SYSTEMS LLC’S MOTION TO FILE
`UNDER SEAL PORTIONS OF ITS
`AMENDED REPLY
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`[Re: ECF 260]
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`Before the Court is Defendant Blue Coat Systems LLC’s (“Blue Coat”) administrative
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`motion to file under seal portions of its Amended Reply in Support of its Motion for Summary
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`Judgment (“Amended Reply”). ECF 260. For the reasons set forth below, Blue Coat’s motion is
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`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 & 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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`Northern District of California
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`United States District Court
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`Case 5:15-cv-03295-BLF Document 267 Filed 06/19/17 Page 2 of 2
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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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`II. DISCUSSION
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`The Court has reviewed Blue Coat’s sealing motion and the declaration submitted in
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`support thereof. According to Blue Coat, the portions of the Amended Reply for which sealing is
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`requested contain information which relates to the operation and infrastructure of backend systems
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`and services and other highly confidential information about the operation and development of the
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`accused products. Declaration of Robin L. Brewer in Support of Administrative Motion to File
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`Under Seal, ECF 260-1 ¶¶ 4-8. These portions also contain information relating to Blue Coat’s
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`highly confidential business operations. Id. The Court finds that Blue Coat has articulated
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`compelling reasons and good cause for sealing. The proposed redactions are also narrowly
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`tailored. Accordingly, the Court GRANTS Blue Coat’s motion to seal.
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`IT IS SO ORDERED.
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`Dated: June 19, 2017
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`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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