Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 1 of 16
`
`DUANE MORRIS LLP
`D. Stuart Bartow (CA SBN 233107)
`dsbartow@duanemorris.com
`Nicole E. Grigg (CA SBN 307733)
`negrigg@duanemorris.com
`2475 Hanover Street
`Palo Alto, CA 94304-1194
`Telephone: 650.847.4150
`Facsimile: 650.847.4151
`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 287789)
`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 NE, Suite 2000
`Atlanta, GA 30309
`Telephone: 404.253.6900
`Facsimile: 404.253.6901
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`FINJAN, LLC, A Delaware Limited Liability
`Company,
`
`
`Plaintiff,
`
`
`SONICWALL INC., a Delaware Corporation,
`
`
`
`
`v.
`
`
`
`
`
`
`
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`SONICWALL INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
`
`Defendant.
`
`
`SONICWALL INC.’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 319 Filed 12/02/20 Page 2 of 16
`
`I.
`
`INTRODUCTION
`Pursuant to Civil L.R. 7-11 and 79-5, this Court’s Standing Civil Order Re: Civil Cases, the
`Parties Stipulated Protective Order (Dkt. 68) and Federal Rule of Civil Procedure 26(b)(5)(B),
`Defendant SonicWall Inc. (“SonicWall”) hereby moves the Court for leave to file under seal,
`pursuant to Civil L.R. 79-5(d)-(e), the items identified in the table below:
`Portion(s) to
`Seal
`Highlighted
`portions at:
`Page 3: lines 2-
`7, 9-10, 14-15;
`Page 7: lines 12-
`13, 19-20, 23;
`Page 11: lines 2-
`3, 5-10, 18;
`Page 12: lines 1-
`4, 12-16;
`Page 14: lines
`16-17;
`Page 17: lines
`13-14, 18-20;
`Page 19: lines
`15, 19, 22, 24-
`28;
`Page 20: lines 1-
`4, 6-9, 12, 16-
`23;
`Page 21: lines 6-
`8;
`Entirety
`
`Reason(s) for Sealing
`The highlighted portions of this
`document reflect information that
`SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`
`This document reflects information
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`
`Exh. No.
`
`Document
`
`
`
`Defendant SonicWall,
`Inc’s Motion for
`Summary Judgement
`
`3 to Gunther
`Declaration
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Nenad Medvidovic
`Regarding
`Infringement by
`SonicWall, Inc. of
`Patent Nos. 8,225,408;
`7,975,305; and
`8,141,154
`
`
`
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`SONICWALL INC.’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 319 Filed 12/02/20 Page 3 of 16
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`4 to Gunther
`Declaration
`
`Excerpts from the
`September 4, 2020
`Expert Report of
`DeForest McDuff,
`Ph.D
`
`Entirety
`
`5 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the July
`9, 2020 John
`Gmuender Deposition
`Transcript
`
`
`6 to Gunther
`Declaration
`
`Excerpts from the July
`16, 2020 Shunhui Zhu
`Deposition Transcript.
`
`Entirety
`
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`
`Reason(s) for Sealing
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns
`SonicWall’s confidential financial
`and business information. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`
`2
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 4 of 16
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`28
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`7 to Gunther
`Declaration
`
`Excerpts from the July
`29, 2020 Dmitriy
`Ayrapetov Deposition
`Transcript
`
`Entirety
`
`8 to Gunther
`Declaration
`
`Excerpts from the July
`24, 2020 Matt
`Neiderman Deposition
`Transcript
`
`Entirety
`
`Reason(s) for Sealing
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`
`
`
`3
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 5 of 16
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`14 to
`Gunther
`Declaration
`
`Excerpts from the
`October 22, 2020 Eric
`B. Cole, Ph.D.
`Deposition Transcript
`
`Entirety
`
`15 to
`Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`October 26, 2020
`Michael Mitzenmacher,
`Ph.D. Deposition
`Transcript
`
`16 to
`Gunther
`Declaration
`
`Excerpts from the
`October 29, 2020
`Nenad Medvidovic,
`Ph.D. Deposition
`Transcript
`
`Entirety
`
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`
`Reason(s) for Sealing
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’ Eyes
`Only - Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’ Eyes
`Only - Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’ Eyes
`Only - Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`
`4
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 6 of 16
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`17 to
`Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Eric B. Cole Regarding
`Technology Tutorial
`and Infringement by
`SonicWall, Inc. of
`Patent Nos. 6,154,844;
`7,058,822; 7,647,633;
`and 8,677,494
`
`18 to
`Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`September 3, 2020
`Expert Report of
`Michael Mitzenmacher,
`Ph.D. Regarding
`Infringement by
`SonicWall, Inc. of
`Patent Nos. 6,804,780;
`6,965,968; and
`7,613,926
`
`Reason(s) for Sealing
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’ Eyes
`Only - Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’ Eyes
`Only - Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`SonicWall has designated this
`internal technical specification
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`
`19 to
`Gunther
`Declaration
`
`
`
`December 1, 2015
`CloudAV 2.1:
`Sandbox.
`Specifications and
`
`Entirety
`
`5
`SONICWALL INC.’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 319 Filed 12/02/20 Page 7 of 16
`
`Portion(s) to
`Seal
`
`Entirety
`
`Exh. No.
`
`20 to
`Gunther
`Declaration
`
`Document
`Design, Version 0.2
`(December 1, 2015),
`bearing bates numbers
`SonicWall-
`Finjan_00876666 -
`SonicWall-
`Finjan_00876680
`
`March 12, 2018
`CloudAV 2.1:
`Sandbox.
`Specifications and
`Design, Version 1.3
`(March 12, 2018),
`bearing bates numbers
`SonicWall-
`Finjan_00002468 -
`SonicWall-
`Finjan_00002495
`
`21 to
`Gunther
`Declaration
`
`Excerpts from the July
`31, 2020 Alex
`Dubrovsky Deposition
`Transcript
`
`Entirety
`
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`
`22 to
`Gunther
`Declaration
`
`
`
`Reason(s) for Sealing
`Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`SonicWall has designated this
`internal technical specification
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” and “Highly
`
`Excerpts from the May
`31, 2019 Finjan’s
`Second Supplemental
`Infringement
`
`Entirety
`
`6
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 8 of 16
`
`Exh. No.
`
`Document
`Contentions, Appendix
`A-1
`
`Portion(s) to
`Seal
`
`24 to
`Gunther
`Declaration
`
`Excerpts from the July
`7, 2020 Senthil
`Cheetancheri
`Deposition Transcript
`
`Entirety
`
`26 to
`Gunther
`Declaration
`
`Entirety
`
`December 29, 2017
`SonicSandbox 2.2
`Functional
`Specification, Version
`1 (2017/12/29), bearing
`bates numbers
`SonicWall-
`Finjan_00002551 -
`SonicWall-
`Finjan_00002561.
`
`Reason(s) for Sealing
`Confidential – Attorneys’ Eyes
`Only - Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`SonicWall has designated this
`internal technical specification
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document reflects testimony
`
`27 to
`
`
`
`Excerpts from the
`
`Entirety
`7
`SONICWALL INC.’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 319 Filed 12/02/20 Page 9 of 16
`
`Exh. No.
`Gunther
`Declaration
`
`Document
`November 2, 2020
`DeForest McDuff,
`Ph.D. Deposition
`Transcript
`
`Portion(s) to
`Seal
`
`28 to
`Gunther
`Declaration
`
`Entirety
`
`The July 31, 2020
`Plaintiff Finjan Inc.’s
`Third Supplemental
`Objections and
`Responses to
`Defendant SonicWall,
`Inc.’s First Set of
`Interrogatories (No 6)
`
`29 to
`Gunther
`Declaration
`
`Excerpts from the
`February 26, 2020 John
`Garland Deposition
`Transcript
`
`Entirety
`
`30 to
`Gunther
`Declaration
`
`Entirety
`
`June 10-11, 2014 Email
`thread between Finjan
`and Dell bearing bates
`numbers Finjan-SW
`047868 - Finjan-SW
`047869
`
`Reason(s) for Sealing
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns
`SonicWall’s confidential financial
`and business information. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated as
`
`31 to
`Gunther
`
`
`
`November 25, 2014
`Introductory Licensing
`
`Entirety
`
`8
`SONICWALL INC.’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 319 Filed 12/02/20 Page 10 of 16
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`Exh. No.
`Declaration
`
`Document
`Meeting Presentation
`bearing bates numbers
`Finjan-SW 047884 -
`Finjan-SW 047924
`
`Portion(s) to
`Seal
`
`32 to
`Gunther
`Declaration
`
`Entirety
`
`September 17, 2014
`Email between Finjan
`and Dell bearing bates
`numbers Finjan-SW
`047936 - Finjan-SW
`047946
`
`33 to
`Gunther
`Declaration
`
`34 to
`Gunther
`Declaration
`
`36 to
`Gunther
`Declaration
`
`Entirety
`
`Entirety
`
`Entirety
`
`October 12, 2016
`Patent Licensing
`Discussions
`Presentation bearing
`bates numbers Finjan-
`SW 047979 - Finjan-
`SW 048008
`
`An email from John
`Garland of Finjan to
`Mattthew Neiderman
`of SonicWall attaching
`a chart of Exemplary
`Finjan Patents of
`Interest to SonicWall
`bearing bates numbers
`SonicWall-
`Finjan_01044809 -
`SonicWall-
`Finjan_01044812
`July 8, 2014 Email
`between Finjan and
`Dell bearing bates
`number Finjan-SW
`047947 - Finjan-SW
`047952
`
`Reason(s) for Sealing
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated this
`document “Highly Confidential –
`Attorneys’ Eyes Only” pursuant to
`the Stipulated Protective Order.
`See Declaration of Nicole E. Grigg
`in Support of Administrative
`Motion to File Documents Under
`Seal (“Grigg Declaration”), ¶¶ 2-5.
`
`This document reflects information
`that Finjan has designated this
`document “Highly Confidential –
`Attorneys’ Eyes Only” pursuant to
`the Stipulated Protective Order.
`See Declaration of Nicole E. Grigg
`
`
`
`9
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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`

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`Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 11 of 16
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`37 to
`Gunther
`Declaration
`
`Entirety
`
`November 1-21, 2016
`Email thread between
`Finjan and Dell bearing
`bates numbers Finjan-
`SW 047959 - Finjan-
`SW 047962
`
`38 to
`Gunther
`Declaration
`
`Entirety
`
`June 8, 2017 Patent
`Licensing Discussions
`Presentation bearing
`bates numbers
`FINJAN-SW 146162 -
`FINJAN-SW 146192.
`
`39 to
`Gunther
`Declaration
`
`Excerpts from the July
`31, 2020 Brook
`Chelmo Deposition
`Transcript
`
`Entirety
`
`Reason(s) for Sealing
`in Support of Administrative
`Motion to File Documents Under
`Seal (“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated this
`document “Highly Confidential –
`Attorneys’ Eyes Only” pursuant to
`the Stipulated Protective Order.
`See Declaration of Nicole E. Grigg
`in Support of Administrative
`Motion to File Documents Under
`Seal (“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that Finjan has designated this
`document “Highly Confidential –
`Attorneys’ Eyes Only” pursuant to
`the Stipulated Protective Order.
`See Declaration of Nicole E. Grigg
`in Support of Administrative
`Motion to File Documents Under
`Seal (“Grigg Declaration”), ¶¶ 2-5.
`This document reflects testimony
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorney’s Eyes
`Only – Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document reflects information
`that SonicWall has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” and “Highly
`
`
`
`
`
`Declaration Of John
`Gmuender in Support
`of Sonicwall Inc.’s
`Motion For Partial
`
`Entirety
`
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`SONICWALL INC.’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 319 Filed 12/02/20 Page 12 of 16
`
`Exh. No.
`
`Document
`Summary Judgment
`
`Portion(s) to
`Seal
`
`A to
`Gmuender
`Declaration
`
`SonicWall-
`Finjan_00002562-2573
`(“SonicSandbox
`Design Specification”)
`
`Entirety
`
`B to
`Gmuender
`Declaration
`
`SonicWall-
`Finjan_00873017-
`873027
`(“SonicSandbox high
`level design”)
`
`Entirety
`
`C to
`Gmuender
`Declaration
`
`Entirety
`
`Excerpts of
`SonicWall’s produced
`source code bearing
`bates numbers
`SonicWall-Finjan-
`SC_0412-421
`
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`
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`Reason(s) for Sealing
`Confidential – Attorneys’ Eyes
`Only - Source Code” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`SonicWall has designated this
`internal technical specification
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`SonicWall has designated this
`document “Highly Confidential –
`Attorneys’ Eyes Only” pursuant to
`the Stipulated Protective Order. If
`filed publicly, this confidential
`information could be used to
`SonicWall’s disadvantage by
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`SonicWall has designated this
`document “Highly Confidential –
`Attorneys’ Eyes Only – Source
`Code” pursuant to the Stipulated
`Protective Order. If filed publicly,
`this confidential information could
`be used to SonicWall’s
`
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`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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`

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`Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 13 of 16
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`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`D to
`Gmuender
`Declaration
`
`Entirety
`
`Excerpts of
`SonicWall’s produced
`source code bearing
`bates numbers
`SonicWall-Finjan-
`SC_0098-104
`
`Reason(s) for Sealing
`disadvantage by competitors as it
`concerns the identification,
`organization, and or operation of
`SonicWall’s proprietary products,
`including source code. See Grigg
`Declaration, ¶¶ 2-5.
`SonicWall has designated this
`document “Highly Confidential –
`Attorneys’ Eyes Only – Source
`Code” pursuant to the Stipulated
`Protective Order. If filed publicly,
`this confidential information could
`be used to SonicWall’s
`disadvantage by competitors as it
`concerns the identification,
`organization, and or operation of
`SonicWall’s proprietary products,
`including source code. See Grigg
`Declaration, ¶¶ 2-5.
`
`
`II.
`
`ARGUMENT
`A.
`Legal Standard
`There is a presumption of public access to judicial records and documents. Nixon v. Warner
`Commc'ns, Inc., 435 U.S. 589, 597 (1978). However, records attached to non-dispositive motions,
`such is the case here, are not subject to the strong presumption of access. Finjan, Inc. v. Proofpoint,
`Inc., No. 13-CV-05808-HSG, 2015 WL 9023164, at *1 (N.D. Cal. Dec. 16, 2015) (internal citation
`omitted). Because the documents attached to non-dispositive motions “are often unrelated, or only
`tangentially related, to the underlying cause of action,” parties moving to seal must meet the lower
`“good cause” standard of the Federal Rules of Civil Procedure Rule 26(c). Id. (internal quotation
`marks omitted). The “good cause” standard requires a “particularized showing” that “specific
`prejudice or harm will result” if the information is disclosed. Phillips ex rel. Estates of Byrd v. Gen.
`Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002) (internal quotation marks omitted); see Fed.
`R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated by specific examples of articulated
`
`
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`SONICWALL INC.’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 319 Filed 12/02/20 Page 14 of 16
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`reasoning” will not suffice. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
`Sealing is appropriate where the requesting party “establishes that the document, or portions thereof
`is privileged or protectable as a trade secret or otherwise entitled to protection under the law.” N.D.
`Cal. Civ. L.R. 79–5(a). A party must “narrowly tailor” its request to sealable material only. Id.
`
`B.
`
`SonicWall’s Administrative Motion to Seal Is Supported By Good Cause and Is
`Narrowly Tailored
`As noted in the table above, SonicWall seeks to seal select portions of its Motion for
`Summary Judgment (“Motion”) at the pages listed in the table above and Exhibits 3, 4, 5, 6, 7, 8, 14,
`15, 16, 17, 18, 19, 20, 21, 22, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 37, 38, and 39 to the
`Declaration of Jarrad Gunther and Exhibits A, B, C, and D to the Declaration of John Gmuender in
`support thereof. SonicWall’s Motion quotes from or references the one or more exhibits that
`SonicWall is filing under seal which were designated as “HIGHLY CONFIDENTIAL-
`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY –
`SOURCE CODE” pursuant to the terms of the Stipulated Protective Order. See Declaration of Nicole
`E. Grigg in Support of Administrative Motion to File Documents Under Seal (“Grigg Declaration”),
`¶¶ 2-5. Pursuant to Civil Local Rule 79-5, SonicWall has publicly filed the relevant excerpts of
`information that are not confidential. Attached hereto are redacted and unredacted versions of
`SonicWall’s Motion and unredacted versions of the exhibits in support thereof that SonicWall seeks
`to seal.
`SonicWall seeks to seal Exhibits 3, 5, 6, 7, 8, 21, 24, and 39 to the Declaration of Jarrad
`Gunther because they reflect or contain information that SonicWall has designated as “Highly
`Confidential – Attorneys’ Eyes Only” or “Highly Confidential – Attorney’s Eyes Only – Source
`Code” pursuant to the Stipulated Protective Order. If filed publicly, this confidential information
`could be used to SonicWall’s disadvantage by competitors as it concerns the identification,
`organization, and or operation of SonicWall’s proprietary products. See Grigg Declaration, ¶¶ 2-5.
`SonicWall seeks to seal Exhibits 4 and 27 to the Declaration of Jarrad Gunther because they
`reflect or contain information that SonicWall has designated as “Highly Confidential – Attorneys’
`Eyes Only” pursuant to the Stipulated Protective Order. If filed publicly, this confidential
`
`
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`13
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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`

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`Case 5:17-cv-04467-BLF Document 319 Filed 12/02/20 Page 15 of 16
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`information could be used to SonicWall’s disadvantage by competitors as it concerns SonicWall’s
`confidential business information. See Grigg Declaration, ¶¶ 2-5.
`SonicWall seeks to seal Exhibits 14, 15, 16, 17, 18, and 22 to the Declaration of Jarrad
`Gunther as well as the entirety of Declaration of John Gmuender because they reflect or contain
`information that SonicWall has designated as “Highly Confidential – Attorneys’ Eyes Only” and
`“Highly Confidential – Attorneys’ Eyes Only - Source Code” pursuant to the Stipulated Protective
`Order. If filed publicly, this confidential information could be used to SonicWall’s disadvantage by
`competitors as it concerns the identification, organization, and or operation of SonicWall’s
`proprietary products, including its source code. See Grigg Declaration, ¶¶ 2-5.
`SonicWall seeks to seal Exhibits 19, 20, and 26 to the Declaration of Jarrad Gunther and
`Exhibits A and B to the Declaration of John Gmuender because SonicWall designated these
`documents “Highly Confidential – Attorneys’ Eyes Only” pursuant to the Stipulated P