Case 5:17-cv-04467-BLF Document 335-1 Filed 12/31/20 Page 1 of 5
`
`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,
`
`
`
`v.
`
`
`SONICWALL INC., a Delaware Corporation,
`
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`DECLARATION OF NICOLE E. GRIGG
`IN SUPPORT OF SONICWALL INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Case 5:17-cv-04467-BLF Document 335-1 Filed 12/31/20 Page 2 of 5
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`I, Nicole E. Grigg, declare as follows:
`1.
`I am an associate 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 consist of or quote
`directly from documents which either were designated under the Stipulated Protective Order by
`SonicWall or Finjan or contain information that SonicWall or Finjan designated as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY – SOURCE CODE” pursuant to the Stipulated Protective Order in
`this litigation.
`3.
`
`Documents to be filed under seal:
`
`Exh. No.
`
`Document
`
`
`
`Defendant SonicWall,
`Inc’s Reply in Support
`of its Motion for Partial
`Summary Judgment
`
`Portion(s) to
`Seal
`Highlighted
`portions at:
`Page 2: lines 3-
`4;
`Page 3: lines 3-
`4;
`Page 9: lines 15-
`21, 24-26;
`Page 10: lines
`21, 23, 25-28;
`Page 11: lines 1-
`3, 5-17;
`Page 12: lines 1-
`3
`
`
`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.
`
`
`
`1
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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`Case 5:17-cv-04467-BLF Document 335-1 Filed 12/31/20 Page 3 of 5
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`Exh. No.
`
`41 to
`Gunther
`Declaration
`
`Document
`
`Excerpts from the July
`14, 2020 John
`Gordineer Deposition
`Transcript
`
`Portion(s) to
`Seal
`Entirety
`
`42 to
`Gunther
`Declaration
`
`Excerpts from the July
`21, 2020 Eric Hawkes
`Deposition Transcript
`
`Entirety
`
`43 to
`Gunther
`Declaration
`
`Excerpts from the July
`24, 2020 Michael King
`Deposition Transcript
`
`Entirety
`
`Reason(s) for Sealing
`
`This document contains testimony
`that SonicWall has designated as
`“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.
`This document contains testimony
`that SonicWall has designated as
`“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.
`This document contains testimony
`that SonicWall has designated as
`“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
`
`
`
`2
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 335-1 Filed 12/31/20 Page 4 of 5
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`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`44 to
`Gunther
`Declaration
`
`Excerpts from the
`October 22, 2020 Dr.
`Eric Cole Deposition
`Transcript
`
`Entirety
`
`45 to
`Gunther
`Declaration
`
`46 to
`Gunther
`Declaration
`
`Entirety
`
`Entirety
`
`Finjan’s notice of
`inadvertently produced
`documents bearing
`Bates numbers Finjan-
`SW 047873-76 and
`privilege log dated July
`24, 2018
`SonicWall’s
`Comprehensive
`Gateway Security Suite
`datasheet bearing Bates
`Nos. SonicWall-Finjan
`00454707-709
`
`47 to
`Gunther
`Declaration
`
`SonicWall’s WAN
`Acceleration Appliance
`(WXA) Series
`datasheet bearing Bates
`
`Entirety
`
`Reason(s) for Sealing
`operation of SonicWall’s
`proprietary products, including its
`source code. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains testimony
`that SonicWall has designated as
`“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.
`This document contains
`information that Finjan has
`designated as “Highly Confidential
`– Attorneys’ Eyes Only” pursuant
`to the Stipulated Protective Order.
`See Grigg Declaration, ¶¶ 2-5.
`
`SonicWall has designated this
`internal datasheet “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
`internal datasheet “Highly
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Stipulated
`
`
`
`3
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

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`Case 5:17-cv-04467-BLF Document 335-1 Filed 12/31/20 Page 5 of 5
`
`Exh. No.
`
`Document
`Nos. SonicWall-Finjan
`00017623-627
`
`Portion(s) to
`Seal
`
`Reason(s) for Sealing
`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.
`
`
`
`Good cause exists to seal the portions of the documents identified in the chart above
`4.
`for the reasons stated therein. SonicWall seeks to seal only those portions of the documents that
`contain “sealable” information, as defined in Civil Local Rule 79-5(d), and for which it has good
`cause to seal.
`I am informed and believe that, if filed publicly, SonicWall’s confidential information
`5.
`could be used by SonicWall’s competitors to SonicWall’s disadvantage, as it can be used to derive
`the confidential and proprietary financial and technical information of SonicWall related to the
`accused products, including SonicWall’s highly sensitive source code, which, if disclosed, could
`result in competitive harm to SonicWall.
`I declare under penalty of perjury under the laws of California and the United States that the
`foregoing is true and correct. Executed on December 31, 2020 in Alameda, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Nicole E. Grigg
`Nicole E. Grigg (formerly Johnson)
`
`4
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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