Case 5:15-cv-03295-BLF Document 314 Filed 09/27/17 Page 1 of 7
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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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`ONIMBUS ORDER RE: SEALING
`MOTIONS
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`[Re: ECF 300, 305]
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`Defendant.
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`Before the Court are two administrative motions to file under seal, one from Plaintiff
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`Finjan, Inc. (“Finjan”) and one from Defendant Blue Coat Systems, LLC (“Blue Coat”). ECF
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`300, 305. Both relate to the briefing on the parties’ motions in limine. See id. For the reasons set
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`forth below, each of the parties’ motions 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 & 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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`Case 5:15-cv-03295-BLF Document 314 Filed 09/27/17 Page 2 of 7
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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 the parties’ sealing motions and the declarations submitted in
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`support thereof. The Court finds that the parties have articulated compelling reasons and good
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`cause to seal certain portions of the submitted documents. The proposed redactions are also
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`narrowly tailored. The Court’s rulings on the sealing requests are set forth in the tables below:
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`A. ECF 300
`ECF
`Document to
`No.
`be Sealed
`300-4
`Finjan’s
`Daubert Motion
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`300-6
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`Finjan’s Motion
`in Limine No. 2
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`300-8
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`Finjan’s Motion
`in Limine No. 2
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`301-1 Declaration of
`Hannah Lee in
`Support of
`Finjan’s
`Motions in
`Limine Nos. 1-4
`and Daubert
`Motion (“Lee
`Decl.”)
`Ex. 2 to Lee
`Decl.
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`301-3
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`Result
`
`Reasoning
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`GRANTED as
`to highlighted
`portions.
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`GRANTED as
`to highlighted
`portions.
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`GRANTED as
`to highlighted
`portions.
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`DENIED.
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`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology, and
`confidential aspects of Blue Coat’s business and
`finances. Declaration of Eugene Marder in
`Support of Finjan’s Administrative Motion to File
`Under Seal, ECF 313 (“Marder Sealing Decl.”)
`¶ 7.
`Contains highly confidential information,
`including financial information and disclosures
`regarding confidential aspects of Blue Coat’s
`business. Marder Sealing Decl. ¶ 5.
`Contains highly confidential technical information
`regarding Blue Coat’s proprietary technology, and
`confidential aspects of Blue Coat’s business and
`finances. Marder Sealing Decl. ¶ 6.
`Does not contain confidential information of either
`party. Marder Sealing Decl. ¶ 8; Declaration of
`Hannah Lee in Support of Finjan’s Administrative
`Motion to File Under Seal, ECF 300-1 (“Lee
`Finjan Sealing Decl.”) ¶ 3.
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`GRANTED.
`
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 9. Contains information confidential to
`Finjan’s business and licensing practices. Lee
`Finjan Sealing Decl. ¶ 7.
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`Case 5:15-cv-03295-BLF Document 314 Filed 09/27/17 Page 3 of 7
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`
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`301-5
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`Ex. 6 to Lee
`Decl.
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`GRANTED.
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`301-7
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`Ex. 7 to Lee
`Decl.
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`GRANTED.
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`301-9
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`Ex. 8 to Lee
`Decl.
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`GRANTED.
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`301-11 Ex. 9 to Lee
`Decl.
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`GRANTED.
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`301-13 Ex. 10 to Lee
`Decl.
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`GRANTED.
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`302-1
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`Ex. 11 to Lee
`Decl.
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`GRANTED.
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`302-3
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`Ex. 12 to Lee
`Decl.
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`GRANTED.
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`302-5
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`Ex. 13 to Lee
`Decl.
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`DENIED.
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`303-1
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`Ex. 16 to Lee
`Decl.
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`GRANTED.
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`303-3
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`Ex. 17 to Lee
`Decl.
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`GRANTED.
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`303-5
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`Ex. 19 to Lee
`Decl.
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`DENIED.
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`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 10.
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 11.
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 12.
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 13.
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 14.
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 15.
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive, which is
`not publicly disclosed. Marder Sealing Decl. ¶ 16.
`Does not contain confidential information of either
`party. Marder Sealing Decl. ¶ 17; Lee Finjan
`Sealing Decl. ¶ 3.
`Contains highly confidential and sensitive
`information about the operation, reporting
`functions and infrastructure, and software
`components of Blue Coat products, which is not
`publicly disclosed. Marder Sealing Decl. ¶ 18.
`Contains Blue Coat’s sensitive and highly
`confidential financial and competitive information,
`which is not publicly disclosed. Marder Sealing
`Decl. ¶ 19.
`Does not contain confidential information of either
`party. Marder Sealing Decl. ¶ 20; Lee Finjan
`Sealing Decl. ¶ 3.
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`B. ECF 305
`ECF
`Document to
`No.
`be Sealed
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`Result
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`Reasoning
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`Case 5:15-cv-03295-BLF Document 314 Filed 09/27/17 Page 4 of 7
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`Contains confidential competitive and financial
`information. Declaration of Robin L. Brewer in
`Support of Blue Coat’s Administrative Motion to
`File Under Seal, ECF 305-1 (“Brewer Sealing
`Decl.”) ¶ 8.
`Contains confidential competitive and financial
`information. Brewer Sealing Decl. ¶ 8.
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`Contains confidential competitive and financial
`information. Brewer Sealing Decl. ¶ 8.
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`Contains confidential financial information
`relating to WebPulse revenues. Brewer Sealing
`Decl. ¶ 9.
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`Contains confidential competitive and financial
`information relating to Blue Coat and Finjan, and
`confidential information relating to Blue Coat’s
`backend systems. Brewer Sealing Decl. ¶ 10;
`Declaration of Hannah Lee in Support of Blue
`Coat’s Administrative Motion to File Under Seal,
`ECF 312 (“Lee Blue Coat Sealing Decl.”) ¶¶ 4-5.
`Contains confidential competitive and financial
`information relating to Blue Coat and Finjan.
`Brewer Sealing Decl. ¶ 11; Lee Blue Coat Sealing
`Decl. ¶ 4.
`Contains sensitive and confidential sales and
`revenue information. Brewer Sealing Decl. ¶ 12.
`Contains sensitive and confidential sales and
`revenue information relating to WebPulse revenue.
`Brewer Sealing Decl. ¶ 13.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements, as well as confidential information
`relating to Finjan’s products, their revenues, and
`legal analysis of their patented technology. Lee
`Blue Coat Sealing Decl. ¶¶ 4-5. The remainder is
`denied because Finjan has not indicated that those
`portions of this document contain confidential
`information. See id.
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`4
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`
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`305-3 Blue Coat’s
`Motion in
`Limine No. 1
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`GRANTED as
`to highlighted
`portions.
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`305-5 Blue Coat’s
`Motion in
`Limine No. 4
`305-7 Blue Coat’s
`Motion in
`Limine No. 5
`305-9 Declaration of
`Robin L.
`Brewer in
`Support of Blue
`Coat’s Motions
`in Limine
`(“Brewer
`Decl.”)
`305-11 Ex. 1 to Brewer
`Decl.
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`GRANTED as
`to highlighted
`portions.
`GRANTED as
`to highlighted
`portions.
`GRANTED as
`to highlighted
`portions.
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`GRANTED as
`to highlighted
`portions.
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`305-12 Ex. 2 to Brewer
`Decl.
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`GRANTED.
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`305-13 Ex. 3 to Brewer
`Decl.
`305-14 Ex. 4 to Brewer
`Decl.
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`GRANTED.
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`GRANTED.
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`305-15 Ex. 12 to
`Brewer Decl.
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`GRANTED as
`to p. 14, ll.14-
`15, 17; p. 15,
`ll.12-13; p. 32
`ll.22-23; p. 36,
`ll.4-5, 7-9, 26;
`p.39, ll.25;
`DENIED as to
`the remainder.
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`Case 5:15-cv-03295-BLF Document 314 Filed 09/27/17 Page 5 of 7
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`
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`305-16 Ex. 53 to
`Brewer Decl.
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`305-17 Ex. 54 to
`Brewer Decl.
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`GRANTED as
`to p. 8, ll.21-
`23, p.9, ll.18,
`25; p. 11, ll.
`15, 22; p.13,
`ll.10-11, 13-
`15; p.16, ll.20;
`DENIED as to
`the remainder.
`GRANTED.
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`305-18 Ex. 55 to
`Brewer Decl.
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`GRANTED.
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`305-19 Ex. 56 to
`Brewer Decl.
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`GRANTED.
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`305-20 Ex. 57 to
`Brewer Decl.
`
`GRANTED.
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`305-21 Ex. 58 to
`Brewer Decl.
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`GRANTED.
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`305-22 Ex. 60 to
`Brewer Decl.
`
`GRANTED.
`
`305-23 Ex. 61 to
`Brewer Decl.
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`GRANTED.
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`305-24 Ex. 62 to
`Brewer Decl.
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`GRANTED.
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`305-25 Ex. 63 to
`Brewer Decl.
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`GRANTED.
`
`305-26 Ex. 64 to
`Brewer Decl.
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`GRANTED.
`
`305-27 Ex. 65 to
`Brewer Decl.
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`GRANTED.
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`Contains confidential information relating to:
`Finjan’s licensing negotiations and license
`agreements; Finjan’s products, their revenues, and
`legal analysis of their patented technology; and
`Finjan’s awareness of products and competitors.
`Lee Blue Coat Sealing Decl. ¶¶ 4-6. The
`remainder is denied because Finjan has not
`indicated that those portions of this document
`contain confidential information. See id.
`Contains Blue Coat confidential and proprietary
`competitive information and technical information.
`Brewer Sealing Decl. ¶ 15.
`Contains Blue Coat confidential and proprietary
`competitive information and technical information.
`Brewer Sealing Decl. ¶ 15.
`Contains Blue Coat confidential technical and
`competitive information. Brewer Sealing Decl.
`¶ 16.
`Contains Blue Coat confidential technical and
`competitive information. Brewer Sealing Decl.
`¶ 16.
`Contains Blue Coat confidential technical and
`competitive information. Brewer Sealing Decl.
`¶ 16.
`Contains Blue Coat confidential technical and
`competitive information. Brewer Sealing Decl.
`¶ 16. Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains Blue Coat confidential technical and
`competitive information. Brewer Sealing Decl.
`¶ 16. Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains Blue Coat confidential technical and
`competitive information. Brewer Sealing Decl.
`¶ 16. Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains Blue Coat confidential and proprietary
`competitive information and technical information.
`Brewer Sealing Decl. ¶ 15.
`Contains Blue Coat confidential and proprietary
`competitive information and technical information.
`Brewer Sealing Decl. ¶ 15.
`Contains Blue Coat confidential and proprietary
`competitive information and technical information.
`Brewer Sealing Decl. ¶ 15.
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`Case 5:15-cv-03295-BLF Document 314 Filed 09/27/17 Page 6 of 7
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`Contains Blue Coat confidential and proprietary
`competitive information and technical information.
`Brewer Sealing Decl. ¶ 15.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential competitive and financial
`information relating to Blue Coat. Brewer Sealing
`Decl. ¶ 10. Contains confidential information
`relating to Finjan’s licensing negotiations and
`license agreements. Lee Blue Coat Sealing Decl. ¶
`4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential information relating to
`Finjan’s licensing negotiations and license
`agreements. Lee Blue Coat Sealing Decl. ¶ 4.
`Contains confidential competitive and financial
`information relating to Blue Coat. Brewer Sealing
`Decl. ¶ 10.
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`305-28 Ex. 66 to
`Brewer Decl.
`
`GRANTED.
`
`305-29 Ex. 86 to
`Brewer Decl.
`
`GRANTED.
`
`305-30 Ex. 87 to
`Brewer Decl.
`
`GRANTED.
`
`305-31 Ex. 88 to
`Brewer Decl.
`
`GRANTED.
`
`305-32 Ex. 89 to
`Brewer Decl.
`
`GRANTED.
`
`305-33 Ex. 90 to
`Brewer Decl.
`
`GRANTED.
`
`305-34 Ex. 91 to
`Brewer Decl.
`
`GRANTED.
`
`305-35 Ex. 92 to
`Brewer Decl.
`
`GRANTED.
`
`305-36 Ex. 93 to
`Brewer Decl.
`
`GRANTED.
`
`305-37 Ex. 94 to
`Brewer Decl.
`
`GRANTED.
`
`305-38 Ex. 95 to
`Brewer Decl.
`
`GRANTED.
`
`305-39 Ex. 96 to
`Brewer Decl.
`
`GRANTED.
`
`305-40 Ex. 97 to
`Brewer Decl.
`
`GRANTED.
`
`305-41 Ex. 98 to
`Brewer Decl.
`
`GRANTED.
`
`305-42 Ex. 118 to
`Brewer Decl.
`
`GRANTED.
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`Case 5:15-cv-03295-BLF Document 314 Filed 09/27/17 Page 7 of 7
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`III. ORDER
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`For the reasons set forth below, each of the parties’ motions is GRANTED IN PART and
`
`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
`
`redacted) documents into the public record no earlier than 4 days and no later than 10 days from
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`the filing of this order.
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`IT IS SO ORDERED.
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`
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`Dated: September 27, 2017
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`
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`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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