Case 5:17-cv-04467-BLF Document 346-1 Filed 01/21/21 Page 1 of 7
`
`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 346-1 Filed 01/21/21 Page 2 of 7
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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 or third party Francisco Partners
`designated as “CONFIDENTIAL” “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 Motion to
`Exclude the Testimony
`of Finjan’s Experts Dr.
`McDuff, Dr. Striegel,
`Dr. Cole, Dr.
`Mitzenmacher, and
`Dr.Medvidovic
`
`Portion(s) to
`Seal
`Highlighted
`portions at:
`
`Page 3 lines 2-5;
`Page 4 lines 26-
`27;
`Page 5 lines 1-2;
`Page 7 line 22;
`Page 8 lines 22-
`25;
`Page 9 lines 2-5;
`7-9; 11-12;
`Page 12 lines
`23-27;
`Page 13 line 1;
`
`
`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 as well as
`SonicWall’s confidential business
`information. See Declaration of
`Nicole E. Grigg in Support of
`Administrative Motion to File
`
`
`
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`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 346-1 Filed 01/21/21 Page 3 of 7
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`3 to Gunther
`Declaration
`
`Excerpts from the
`November 2, 2020
`Deposition of DeForest
`McDuff, Ph.D.
`
`Entirety
`
`4 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`September 3, 2020
`Expert Report of
`Michael Mitzenmacher,
`Ph.D.
`
`5 to Gunther
`Declaration
`
`Excerpts from the
`October 26, 2020
`Deposition of Michael
`Mitzenmacher, Ph.D.
`
`Entirety
`
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`Reason(s) for Sealing
`Documents Under Seal (“Grigg
`Declaration”), ¶¶ 2-5.
`This document contains testimony
`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 the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, as well as
`confidential business and financial
`information of SonicWall. See
`Grigg Declaration, ¶¶ 2-5.
`This document contains
`information 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” 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
`
`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 346-1 Filed 01/21/21 Page 4 of 7
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`28
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`6 to Gunther
`Declaration
`
`Exhibit 5 to the
`November 2, 2020
`Deposition of DeForest
`McDuff, Ph.D.
`
`Entirety
`
`7 to Gunther
`Declaration
`
`Exhibit 10 to the
`November 2, 2020
`Deposition of DeForest
`McDuff, Ph.D.
`
`Entirety
`
`8 to Gunther
`Declaration
`
`Excerpts from the
`November 3, 2020
`Deposition of Aaron
`Striegel, Ph. D.
`
`Entirety
`
`11 to
`Gunther
`Declaration
`
`Excerpts from the
`September 3, 2020
`Expert Report of Aaron
`Striegel, Ph.D.
`
`Entirety
`
`Reason(s) for Sealing
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document was produced by
`third party Francisco Partners and
`was designated as “Highly
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Stipulated
`Protective Order. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains internal
`email communications that
`SonicWall has designated as
`“Confidential” 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 contains testimony
`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 the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains
`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
`
`3
`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 346-1 Filed 01/21/21 Page 5 of 7
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`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`12 to
`Gunther
`Declaration
`
`Entirety
`
`Exhibit 2 to the
`November 3, 2020
`Deposition of Aaron
`Striegel bearing the
`bates number
`SonicWall-
`Finjan_00101991
`
`13 to
`Gunther
`Declaration
`
`15 to
`Gunther
`Declaration
`
`Entirety
`
`Entirety
`
`Exhibit 3 to the
`November 3, 2020
`Deposition of Aaron
`Striegel bearing the
`bates number FINJAN-
`SW 158696
`SonicWall Inc.’s
`Fourth Supplemental
`Response to Finjan,
`Inc.’s First Set of
`Interrogatories (No. 5)
`
`26 to
`Gunther
`Declaration
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Eric Cole
`
`Entirety
`
`Reason(s) for Sealing
`competitors as it concerns the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products, as well as
`confidential business and financial
`information of SonicWall. 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
`SonicWall’s confidential business
`information. 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.
`This document contains
`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 the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains
`information that SonicWall has
`designated as “Highly Confidential
`– Attorneys’ Eyes Only” pursuant
`to the Stipulated Protective Order.
`If filed publicly, this confidential
`
`4
`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 346-1 Filed 01/21/21 Page 6 of 7
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`27 to
`Gunther
`Declaration
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Nenad Medvidovic
`
`Entirety
`
`28 to
`Gunther
`Declaration
`
`Excerpts from the
`October 22, 2020
`Deposition of Eric B.
`Cole, Ph.D.
`
`Entirety
`
`29 to
`Gunther
`Declaration
`
`Excerpts from the July
`29, 2020 Deposition of
`Dmitriy Ayrapetov
`
`Entirety
`
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`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. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains
`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 the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains testimony
`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 the
`identification, organization, and or
`operation of SonicWall’s
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains testimony
`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 the
`identification, organization, and or
`operation of SonicWall’s
`
`5
`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 346-1 Filed 01/21/21 Page 7 of 7
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`30 to
`Gunther
`Declaration
`
`Excerpts from the July
`14, 2020 Deposition of
`John Gordineer
`
`Entirety
`
`Reason(s) for Sealing
`proprietary products. See Grigg
`Declaration, ¶¶ 2-5.
`This document contains testimony
`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 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 business, 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 January 21, 2021 in Alameda, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Nicole E. Grigg
`Nicole E. Grigg (formerly Johnson)
`
`6
`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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