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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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`SONICWALL, INC.,
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`Defendant.
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`Case No. 17-cv-04467-BLF (VKD)
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`ORDER GRANTING
`ADMINISTRATIVE MOTIONS TO
`FILE UNDER SEAL
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`Re: Dkt. Nos. 256, 257
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`In connection with a discovery dispute concerning plaintiff Finjan, Inc.’s (“Finjan”)
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`assertions of attorney-client privilege and attorney work product protection with respect to
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`portions of and exhibits to the depositions of four witnesses who provided testimony in a separate
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`litigation (Dkt. No. 248), the parties moved to file under seal the exhibits to the supplemental
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`declarations filed in support of their respective positions. Dkt. Nos. 256, 257. Having considered
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`the parties’ submissions, the Court grants the administrative motions to file under seal, as set forth
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`below.
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`There is a strong presumption in favor of access by the public to judicial records and
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`documents accompanying dispositive motions that can be overcome only by a showing of
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`“compelling reasons supported by specific factual findings.” Kamakana v. City & Cty. of
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`Honolulu, 447 F.3d 1172, 1178–79 (9th Cir. 2006) (internal quotation marks and citation omitted).
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`However, the presumption does not apply equally to a motion addressing matters that are only
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`“tangentially related to the merits of a case.” Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d
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`1092, 1101 (9th Cir. 2016), cert. denied sub nom. FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct.
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`38 (2016). A litigant seeking to seal documents or information in connection with such a motion
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`Northern District of California
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`United States District Court
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`Case 5:17-cv-04467-BLF Document 270 Filed 07/09/20 Page 2 of 2
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`must meet the lower “good cause” standard of Rule 26(c) of the Federal Rules of Civil Procedure.
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`Id. at 1098–99; Kamakana, 447 F.3d at 1179–80.
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`The parties’ motions to seal concern information submitted in connection with a discovery
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`dispute. The underlying discovery dispute does not address the merits of the parties’ claims or
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`defenses, but rather whether Finjan’s assertion of the attorney-client privilege and attorney work
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`product doctrine is proper. The material to be sealed is only tangentially related to the merits of
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`the case. The Court therefore applies the “good cause” standard of Rule 26(c).
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`The material proposed to be filed under seal is derived from documents that have been
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`designated “Confidential – Attorneys’ Eyes Only.” Finjan contends that the material encompasses
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`confidential business and competitive information and that the material is also privileged or
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`otherwise protected, which the parties dispute. Dkt. No. 252. In these circumstances, the Court
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`finds that good cause exists to seal the following material:
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`Document
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`Portions to be Sealed
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`Declaration of Adam Frankel in Support of
`Plaintiff Finjan, Inc.’s Submission of
`Documents for In Camera Review Relating to
`April 17, 2020 Joint Discovery Letter Brief
`(Dkt. No. 258)
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`Exhibits 1-4
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`Declaration of Matthew Gaudet Pursuant to
`Interim Order re April 17, 2020 Joint
`Discovery Letter Brief (Dkt. No. 259)
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`Exhibits 1-6
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`IT IS SO ORDERED.
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`Dated: July 9, 2020
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`VIRGINIA K. DEMARCHI
`United States Magistrate Judge
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`Northern District of California
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`United States District Court
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