Case 5:17-cv-04467-BLF Document 331-2 Filed 12/22/20 Page 1 of 6
`
`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.
`
`Defendant.
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`[PROPOSED] ORDER GRANTING
`SONICWALL INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
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`[PROPOSED] ORDER GRANTING SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 331-2 Filed 12/22/20 Page 2 of 6
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`Having considered SonicWall Inc.’s (“SonicWall”) Administrative Motion to File
`Documents Under Seal and the declaration of Nicole Grigg in Support thereof, the Court hereby
`finds there to be good cause for granting the request to file certain documents and information under
`seal.
`
`Good cause having been shown, the Court finds that:
`1.
`There exist overriding confidentiality interests that overcome the right of public
`access to the following documents:
`
`Exh. No.
`
`Document
`
`
`
`Defendant SonicWall,
`Inc’s Reply in Support
`of its Motion to Strike
`
`Portion(s) to
`Seal
`Highlighted
`portions at:
`2:11-13, 24, 27-
`28; 3:2-3, 9, 12,
`18; 4:9; 5:21, 23
`
`2 to Gunther
`Declaration
`
`Entirety
`
`Appendix D-1
`(Gateway) from
`Finjan’s second
`supplemental
`infringement
`contentions served May
`31, 2019
`
`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
`proprietary products. See
`
`
`
`1
`[PROPOSED] ORDER GRANTING 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 331-2 Filed 12/22/20 Page 3 of 6
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`3 to Gunther
`Declaration
`
`Entirety
`
`Appendix D-2
`(Gateway + Capture
`ATP) from Finjan’s
`second supplemental
`infringement
`contentions served May
`31, 2019
`
`4 to Gunther
`Declaration
`
`Entirety
`
`Appendix D-3 (Capture
`ATP) from Finjan’s
`second supplemental
`infringement
`contentions served May
`31, 2019
`
`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 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
`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
`
`5 to Gunther
`Declaration
`
`Appendix D-4 (Email +
`Capture ATP) from
`Finjan’s second
`supplemental
`
`Entirety
`
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`[PROPOSED] ORDER GRANTING 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 331-2 Filed 12/22/20 Page 4 of 6
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`Exh. No.
`
`Document
`infringement
`contentions served May
`31, 2019.
`
`Portion(s) to
`Seal
`
`6 to Gunther
`Declaration
`
`Entirety
`
`Appendix D-1
`(Gateway) from
`Finjan’s third
`supplemental
`infringement
`contentions served
`December 11, 2019
`
`7 to Gunther
`Declaration
`
`Entirety
`
`Appendix D-2
`(Gateway + Capture
`ATP) from Finjan’s
`third supplemental
`infringement
`contentions served
`December 11, 2019
`
`Reason(s) for Sealing
`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
`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
`
`
`
`3
`[PROPOSED] ORDER GRANTING 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 331-2 Filed 12/22/20 Page 5 of 6
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`8 to Gunther
`Declaration
`
`Entirety
`
`Appendix D-3 (Capture
`ATP) from Finjan’s
`third supplemental
`infringement
`contentions served
`December 11, 2019
`
`9 to Gunther
`Declaration
`
`Entirety
`
`Appendix D-4 (Email +
`Capture ATP) from
`Finjan’s third
`supplemental
`infringement
`contentions served
`December 11, 2019
`
`Reason(s) for Sealing
`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
`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
`proprietary products. See
`Declaration of Nicole E. Grigg in
`Support of Administrative Motion
`to File Documents Under Seal
`(“Grigg Declaration”), ¶¶ 2-5.
`This document contains testimony
`that SonicWall has designated as
`
`10 to
`Gunther
`
`Excerpts from the
`October 22, 2020
`
`Entirety
`
`4
`[PROPOSED] ORDER GRANTING 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 331-2 Filed 12/22/20 Page 6 of 6
`
`Exh. No.
`Declaration
`
`Document
`deposition transcript of
`Dr. Eric Cole, Ph.D
`
`Portion(s) to
`Seal
`
`Reason(s) for Sealing
`“Highly Confidential – Attorneys’
`Eyes Only” or “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.
`
`
`
`A substantial probability exists that the overriding confidentiality interests will be
`2.
`prejudiced if the record is not sealed;
`
`3.
`
`4.
`
`The proposed sealing is narrowly tailored; and
`
`No less restrictive means exist to achieve these overriding interests.
`
`IT IS THEREFORE ORDERED that SonicWall’s Administrative Motion to File
`Documents Under Seal is GRANTED with respect to the documents set forth above.
`
`IT IS SO ORDERED.
`
`Dated:
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`Judge Beth Labson Freeman
`United States District Court Judge
`
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`[PROPOSED] ORDER GRANTING SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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