Case 5:15-cv-03295-BLF Document 368 Filed 10/24/17 Page 1 of 4
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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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`OMNIBUS ORDER RE: SEALING
`MOTIONS
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`[Re: ECF 350, 360]
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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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`350, 360. Both relate to parties’ supplemental briefing on copying. See id. For the reasons set
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`forth below, Finjan’s motion at ECF 350 is GRANTED IN PART and DENIED IN PART and
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`Blue Coat’s motion at ECF 360 is DENIED without prejudice.
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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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`Case 5:15-cv-03295-BLF Document 368 Filed 10/24/17 Page 2 of 4
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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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`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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`Result
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`Reasoning
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`GRANTED as
`to p. 1 ll. 15-
`27 and p. 2 ll.
`1-8; DENIED
`as to the
`remainder.
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`DENIED.
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`Contains highly confidential information relating
`to confidential aspects of Blue Coat’s business.
`Declaration of Michael Guo in Support of Finjan’s
`Administrative Motion to File Under Seal, ECF
`356 (“Guo Finjan Sealing Decl.”) ¶ 5. The
`remainder is denied because Blue Coat, the
`designating party, has indicated that those portions
`of this document do not contain confidential
`information. Id.; Declaration of James Hannah in
`Support of Finjan’s Administrative Motion to File
`Under Seal, ECF 350-1 (“Hannah Decl.”) ¶ 4.
`Blue Coat, the designating party, has indicated that
`those portions of this document do not contain
`confidential information. Guo Finjan Sealing
`Decl. ¶ 6; Hannah Decl. ¶ 5.
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`A. ECF 350
`ECF
`Document to
`No.
`be Sealed
`350-4
`Finjan’s
`Supplemental
`Brief on
`Copying
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`350-6 Declaration of
`Kristopher
`Kastens in
`support of
`Finjan’s
`Supplemental
`Brief on
`Copying, ECF
`350-6 (“Kastens
`Decl.”)
`Ex. 2 to Kastens
`Decl.
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`350-8
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`GRANTED.
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`350-10 Ex. 3 to Kastens
`Decl.
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`GRANTED.
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`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 7.
`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 8.
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`Case 5:15-cv-03295-BLF Document 368 Filed 10/24/17 Page 3 of 4
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`350-11 Ex. 4 to Kastens
`Decl.
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`GRANTED.
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`350-13 Ex. 5 to Kastens
`Decl.
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`GRANTED.
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`350-15 Ex. 6 to Kastens
`Decl.
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`GRANTED.
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`350-17 Ex. 7 to Kastens
`Decl.
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`GRANTED.
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`350-19 Ex. 8 to Kastens
`Decl.
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`GRANTED.
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`350-21 Ex. 9 to Kastens
`Decl.
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`GRANTED.
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`350-23 Ex. 10 to
`Kastens Decl.
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`GRANTED.
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`350-25 Ex. 11 to
`Kastens Decl.
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`GRANTED.
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`350-27 Ex. 12 to
`Kastens Decl.
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`DENIED.
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`350-29 Ex. 13 to
`Kastens Decl.
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`GRANTED.
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`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 9.
`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 10.
`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 11.
`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 12.
`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 13.
`Contains Blue Coat’s sensitive and highly
`confidential technical information relating to Blue
`Coat’s products, which is not publicly disclosed.
`Guo Finjan Sealing Decl. ¶ 14.
`Contains Blue Coat’s sensitive and highly
`confidential technical information relating to Blue
`Coat’s products, which is not publicly disclosed.
`Guo Finjan Sealing Decl. ¶ 15.
`Contains highly confidential and sensitive Blue
`Coat competitive and business information, which
`is not publicly disclosed. Guo Finjan Sealing
`Decl. ¶ 16.
`Blue Coat, the designating party, has indicated that
`those portions of this document do not contain
`confidential information. Guo Finjan Sealing
`Decl. ¶ 17; Hannah Decl. ¶ 6.
`Contains Blue Coat’s sensitive and highly
`confidential technical information relating to the
`accused products, which is not publicly disclosed.
`Guo Finjan Sealing Decl. ¶ 18.
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`B. ECF 360
`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 368 Filed 10/24/17 Page 4 of 4
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`360-4 Blue Coat’s
`Supplemental
`Brief
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`DENIED
`without
`prejudice.
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`360-5
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`360-6
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`Ex. 6 to
`Declaration of
`Michael Guo in
`Support of Blue
`Coat’s
`Supplemental
`Brief, ECF 362
`(“Guo Decl.”)
`Ex. 7 to Guo
`Decl.
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`360-7
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`Ex. 8 to Guo
`Decl.
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`III. ORDER
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`Finjan, the designating party, has not filed a
`declaration in support of sealing. See Declaration
`of Michael Guo in Support of Blue Coat’s
`Administrative Motion to File Under Seal, ECF
`356 (“Guo Blue Coat Sealing Decl.”) ¶ 5.
`Finjan, the designating party, has not filed a
`declaration in support of sealing. See Guo Blue
`Coat Sealing Decl. ¶ 6.
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`DENIED
`without
`prejudice.
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`DENIED
`without
`prejudice.
`DENIED
`without
`prejudice.
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`Finjan, the designating party, has not filed a
`declaration in support of sealing. See Guo Blue
`Coat Sealing Decl. ¶ 7.
`Finjan, the designating party, has not filed a
`declaration in support of sealing. See Guo Blue
`Coat Sealing Decl. ¶ 8.
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`For the reasons set forth above, Finjan’s motion at ECF 350 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 from
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`the filing of this order.
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`Blue Coat’s motion at ECF 360 is DENIED without prejudice. Upon reviewing the
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`submitted documents, the Court suspects that Finjan’s failure to submit a declaration in support of
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`sealing may have been inadvertent. If any portions of these documents require sealing, Finjan
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`shall submit a declaration no later than 4 days from the filing of this order. If no such declaration
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`is submitted, Blue Coat’s motion will be DENIED with prejudice.
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`IT IS SO ORDERED.
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`Dated: October 24, 2017
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`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
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