Case 5:17-cv-04467-BLF Document 256-1 Filed 05/04/20 Page 1 of 4
`
`
`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`HANNAH LEE (State Bar No. 253197)
`hlee@kramerlevin.com
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`FINJAN, INC.,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`SONICWALL, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`Case No.: 5:17-cv-04467-BLF-VKD
`
`DECLARATION OF AARON FRANKEL IN
`SUPPORT OF PLAINTIFF FINJAN, INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
`
`[RE: PLAINTIFF FINJAN, INC.’S
`DECLARATION OF AARON FRANKEL IN
`SUPPORT OF SUBMISSION OF
`DOCUMENTS FOR IN CAMERA REVIEW
`RELATING TO APRIL 17, 2020 JOINT
`DISCOVERY LETTER BRIEF]
`
`
`
`
`
`
`__________________________________________________________________________________
`FRANKEL DECL. IN SUPPORT OF FINJAN’S CASE NO.: 17-cv-04467-BLF-VKD
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`
`1 2 3 4 5 6 7 8 9
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`
`
`
`
`PAUL ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`HANNAH LEE (State Bar No. 253197)
`hlee@kramerlevin.com
`KRAMER LEVIN NAFTALIS
` & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`FINJAN, INC.,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`SONICWALL, INC.,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`Case No.: 5:17-cv-04467-BLF-VKD
`
`DECLARATION OF AARON FRANKEL IN
`SUPPORT OF PLAINTIFF FINJAN, INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
`
`[RE: PLAINTIFF FINJAN, INC.’S
`DECLARATION OF AARON FRANKEL IN
`SUPPORT OF SUBMISSION OF
`DOCUMENTS FOR IN CAMERA REVIEW
`RELATING TO APRIL 17, 2020 JOINT
`DISCOVERY LETTER BRIEF]
`
`
`
`
`
`
`__________________________________________________________________________________
`FRANKEL DECL. IN SUPPORT OF FINJAN’S CASE NO.: 17-cv-04467-BLF-VKD
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`
`1 2 3 4 5 6 7 8 9
`
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`
`
`
`Case 5:17-cv-04467-BLF Document 256-1 Filed 05/04/20 Page 2 of 4
`
`
`
`Identification of
`Documents or Portions of
`Document to be Sealed
`Exhibit 1 to the
`Declaration of Aaron
`Frankel in Support of
`Submission of Documents
`for In Camera Review
`Relating to April 17, 2020
`Joint Discovery Letter
`Brief (“Declaration”)
`(Finjan’s Consolidated
`Privilege and Redaction
`Log for In Camera
`Review)
`Exhibit 2 to the
`Declaration (Finjan’s
`Investors’ Rights
`Agreement)
`
`
`1 2 3 4 5 6 7 8 9
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`
`Entirety
`
`Finjan
`
`Entirety
`
`Finjan
`
`This document
`contains Finjan’s
`highly confidential
`information relating
`to privileged and
`work product
`protected
`discussions with its
`counsel.
`
`
`This document
`contains Finjan’s
`highly confidential
`business information
`relating to its
`relationship with its
`investors, from
`before Finjan was a
`public company.
`
`
`1
`FRANKEL DECL. IN SUPPORT OF FINJAN’S CASE NO.: 17-cv-04467-BLF-VKD
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`
`I, Aaron Frankel, declare as follows:
`1.
`I am an attorney with the law firm of Kramer Levin Naftalis & Frankel LLP (“Kramer
`Levin”), counsel of record for Plaintiff Finjan, Inc. (“Finjan”). I have personal knowledge of the facts
`set forth in this declaration and can testify competently to those facts. I make this declaration in
`support of Finjan’s Administrative Motion to File Documents Under Seal pursuant to Civil Local
`Rules 79-5(d) and 79-5(e).
`2.
`I have reviewed the following documents and confirmed that they contain information
`that Finjan or third party Cisco Systems, Inc. designated as confidential pursuant to the stipulated
`protective order in this litigation. Finjan relies on Cisco’s confidentiality designation.
`
`
`Portions of Document to
`be Sealed
`
`Designating
`Party
`
`Reasons for Sealing
`
`
`
`Case 5:17-cv-04467-BLF Document 256-1 Filed 05/04/20 Page 3 of 4
`
`
`
`Identification of
`Documents or Portions of
`Document to be Sealed
`Exhibit 3 to the
`Declaration (Deposition of
`Daniel Chinn)
`
`
`Portions of Document to
`be Sealed
`
`Designating
`Party
`
`Reasons for Sealing
`
`Entirety
`
`Finjan
`
`This document
`contains Finjan’s
`highly confidential
`business information
`relating to its Board
`operations and
`licensing efforts.
`
`This document
`contains highly
`confidential
`information relating
`to the business
`relationship between
`Cisco Systems, Inc.
`and Finjan, and
`confidential internal
`Cisco
`correspondence.
`The deponent is a
`former employee of
`Cisco Systems, Inc.
`
`3.
`Finjan requests leave to file the documents set forth above under seal because Finjan or
`Cisco Systems, Inc. designated certain information in them as “Highly Confidential – Attorneys’ Eyes
`Only.” Finjan relies on Cisco’s designation. With respect to Finjan’s information, Finjan maintains as
`highly confidential within its business Finjan’s business information, financial information,
`information regarding its interactions with counsel, and information about its licensing practices and
`Board operations. If such information were made public, it will negatively impact Finjan’s business
`practice, the bargaining positions of Finjan in future licensing negotiations with competitors and no
`public interest will be served by requiring this information to be disclosed publicly.
`
`
`
`Exhibit 4 to the
`Declaration (Deposition of
`Yoav Samet)
`
`
`Entirety
`
`Finjan; Cisco
`Systems, Inc.
`
`2
`FRANKEL DECL. IN SUPPORT OF FINJAN’S CASE NO.: 17-cv-04467-BLF-VKD
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`
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`Case 5:17-cv-04467-BLF Document 256-1 Filed 05/04/20 Page 4 of 4
`
`
`
`I declare under the penalty of perjury under the laws of the United States of America that each
`of the above statements is true and correct. Executed on May 4, 2020, in Allendale, New Jersey.
`
`
`
`
`
`
`
`/s/ Aaron Frankel
`Aaron Frankel
`
`
`
`
`
`
`
`
`
`
`
`3
`FRANKEL DECL. IN SUPPORT OF FINJAN’S CASE NO.: 17-cv-04467-BLF-VKD
`ADMIN. MOTION TO FILE DOCUMENTS UNDER SEAL
`
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