Case 5:17-cv-04467-BLF Document 111-1 Filed 01/31/19 Page 1 of 5
`
`DUANE MORRIS LLP
`Patrick S. Salceda (CA SBN 247978)
`psalceda@duanemorris.com
`One Market Plaza
`Spear Tower, Suite 2200
`San Francisco, CA 94105
`Telephone: 415.957.3000
`Facsimile: 650.618.2713
`
`DUANE MORRIS LLP
`Joseph A. Powers (PA SBN 84590)
`Admitted Pro Hac Vice
`japowers@duanemorris.com
`Jarrad M. Gunther (PA SBN 207038)
`Admitted Pro Hac Vice
`jmgunther@duanemorris.com
`30 South 17th Street
`Philadelphia, PA 19103
`Telephone: 215.979.1000
`Facsimile: 215.979.1020
`
`Attorneys for Defendant
`SONICWALL INC.
`
`DUANE MORRIS LLP
`Matthew C. Gaudet (GA SBN 287759)
`Admitted Pro Hac Vice
`mcgaudet@duanemorris.com
`Robin L. McGrath (GA SBN 493115)
`Admitted Pro Hac Vice
`rlmcgrath@duanemorris.com
`David C. Dotson (GA SBN 138040)
`Admitted Pro Hac Vice
`dcdotson@duanemorris.com
`Jennifer H. Forte (GA SBN 940650)
`Admitted Pro Hac Vice
`jhforte@duanemorris.com
`1075 Peachtree Street, Ste. 2000
`Atlanta, GA 30309
`Telephone: 404.253.6900
`Facsimile: 404.253.6901
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`FINJAN, INC., a Delaware Corporation,
`
`Plaintiff,
`
`vs.
`
`SONICWALL INC., a Delaware
`Corporation
`
`
`
`Defendant.
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`DECLARATION OF PATRICK S.
`SALCEDA IN SUPPORT OF
`DEFENDANT SONICWALL INC.’S
`ADMINISTRATIVE MOTION TO
`FILE DOCUMENTS UNDER SEAL
`
`
`
`SALCEDA DECLARATION IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL;
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Case 5:17-cv-04467-BLF Document 111-1 Filed 01/31/19 Page 2 of 5
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`I, Patrick S. Salceda, declare as follows:
`1.
`I am an attorney at the law firm of Duane Morris LLP and am counsel for Defendant
`SonicWall Inc. (“SonicWall”). I have personal knowledge of the matters set forth in this
`Declaration, and if called as a witness, could and would testify competently to such facts under oath.
`I submit this Declaration in support of SonicWall’s Administrative Motion to File Documents Under
`Seal pursuant to Civil L.R. 79-5(e). In making this Declaration, it is not my intention, nor the
`intention of SonicWall, to waive the attorney-client privilege, the attorney work-product immunity,
`or any other applicable privilege.
`2.
`I have reviewed the following documents and confirmed that they are either
`designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” pursuant to the
`Stipulated Protective Order in this litigation or discuss materials which are designated “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.
`
`Document to Be Filed Under Seal
`
`Designating Party
`
`Finjan, Inc. and SonicWall Inc.
`
`Finjan, Inc. and SonicWall Inc.
`
`Exhibits 3-15 to Declaration of Robin L.
`McGrath in Support of SonicWall Inc.’s Motion
`to Compel Further Supplemental Infringement
`Contentions (“McGrath Decl.”)
`
`SonicWall Inc.’s Motion to Compel Further
`Supplemental Infringement Contentions, at:
`Page 6, lines 21-25;
`Page 7, lines 21-22;
`Page 8, lines 23-27;
`Page 9, lines 1-6;
`Page 10, lines 10-21; 24-27;
`Page 11, lines 4-10; 16-20; 24; 26; 28;
`Page 12, lines 6-11;
`Page 13, lines 7-9; 12-15; 17-19; 21-22;
`Page 14, lines 19-23;
`Page 15, lines 3-5; 7-9; 20-27;
`Page 17, lines 27-28;
`Page 18, lines 1-6; 12; 24-25; 27-28;
`Page 19, lines 5-11; 24-26;
`Page 20, lines 3-11; 13-20; 21-28;
`Page 21, lines 1-2; 4-9; 12-19;
`Page 22, lines 1-3; 11-14; 25-28;
`Page 23, lines 1; 18-20; 23;
`Page 24, lines 1-4; 6-10; 19-21.
`
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`SALCEDA DECLARATION IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL;
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Case 5:17-cv-04467-BLF Document 111-1 Filed 01/31/19 Page 3 of 5
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`3.
`Exhibit 3 to the McGrath Declaration is a true and correct copy of Appendix A-1 to
`Plaintiff Finjan, Inc.’s First Supplemental Disclosure of Asserted Claims and Infringement
`Contentions and Documents Production Pursuant to Patent Local Rules 3-1 and 3-2, served
`November 9, 2018 (“First Supplemental Infringement Contentions”) and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`4.
`Exhibit 4 to the McGrath Declaration is a true and correct copy of Appendix A-2 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`5.
`Exhibit 5 to the McGrath Declaration is a true and correct copy of Appendix A-3 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`6.
`Exhibit 6 to the McGrath Declaration is a true and correct copy of Appendix D-1 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`7.
`Exhibit 7 to the McGrath Declaration is a true and correct copy of Appendix E-1 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`8.
`Exhibit 8 to the McGrath Declaration is a true and correct copy of Appendix E-2 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`9.
`Exhibit 9 to the McGrath Declaration is a true and correct copy of Appendix F-1 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`10.
`Exhibit 10 to the McGrath Declaration is a true and correct copy of Appendix G-1 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`11.
`Exhibit 11 to the McGrath Declaration is a true and correct copy of Appendix G-2 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`2
`SALCEDA DECLARATION IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL;
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

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`Case 5:17-cv-04467-BLF Document 111-1 Filed 01/31/19 Page 4 of 5
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`12.
`Exhibit 12 to the McGrath Declaration is a true and correct copy of Appendix G-3 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`13.
`Exhibit 13 to the McGrath Declaration is a true and correct copy of Appendix H-2 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`14.
`Exhibit 14 to the McGrath Declaration is a true and correct copy of Appendix H-4 to
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`Exhibit 15 to the McGrath Declaration is a true and correct copy of Appendix I-1 to
`15.
`Finjan’s First Supplemental
`Infringement Contentions and designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan.
`Exhibits 3-15 to the McGrath Declaration contain screenshot images of SonicWall’s
`16.
`confidential documentation, which were produced to Finjan in accordance with the operative
`protective order entered in this litigation (Dkt. No. 68). If filed publicly, I am informed and believe
`that this confidential information could be used by SonicWall’s competitors to SonicWall’s
`disadvantage, as it reveals the identification, organization, and operation of SonicWall’s proprietary
`products. In particular, I am further informed and believe that SonicWall’s competitors could use
`these confidential documents to re-create the features of SonicWall’s products. SonicWall Inc.’s
`Motion to Compel Further Supplemental Infringement Contentions, at Page 6, lines 21-25; Page 7,
`lines 21-22; Page 8, lines 23-27; Page 9, lines 1-6; Page 10, lines 10-21; 24-27; Page 11, lines 4-10;
`16-20; 24; 26; 28; Page 12, lines 6-11; Page 13, lines 7-9; 12-15; 17-19; 21-22; Page 14, lines 19-
`23; Page 15, lines 3-5; 7-9; 20-27; Page 17, lines 27-28; Page 18, lines 1-6; 12; 24-25; 27-28; Page
`19, lines 5-11; 24-26; Page 20, lines 3-11; 13-20; 21-28; Page 21, lines 1-2; 4-9; 12-19; Page 22,
`lines 1-3; 11-14; 25-28; Page 23, lines 1; 18-20; 23; Page 24, lines 1-4; 6-10; 19-21 discusses the
`contents of Exhibits 3-15 to the McGrath Declaration; materials which are designated “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” by Finjan and which cite to and quote from
`3
`SALCEDA DECLARATION IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL;
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

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`Case 5:17-cv-04467-BLF Document 111-1 Filed 01/31/19 Page 5 of 5
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`various internal SonicWall documents that SonicWall considers confidential and proprietary.
`I declare under penalty of perjury under the laws of California and the United States that the
`foregoing is true and correct.
`Executed on January 31, 2019, in San Francisco, California.
`
`
`/s/ Patrick S. Salceda
`Patrick S. Salceda
`
`
`
`DM2\9580914.1
`
`4
`SALCEDA DECLARATION IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL;
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`