`
`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
`
`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.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`FINJAN, LLC, a Delaware Limited Liability
`Company,
`
`Plaintiff,
`
`v.
`
`Case No.: 5:17-cv-04467-BLF-VKD
`
`[PROPOSED] ORDER GRANTING
`SONICWALL INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
`SONICWALL INC., a Delaware Corporation,
`
`Defendant.
`
`[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 346-2 Filed 01/21/21 Page 2 of 7
`
`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 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;
`
`
`3 to Gunther
`Declaration
`
`Excerpts from the
`November 2, 2020
`Deposition of DeForest
`McDuff, Ph.D.
`
`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 as well as
`SonicWall’s confidential business
`information. 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
`“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
`
`
`
`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 346-2 Filed 01/21/21 Page 3 of 7
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`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`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
`
`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
`
`Reason(s) for Sealing
`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
`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
`
`2
`[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 346-2 Filed 01/21/21 Page 4 of 7
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`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
`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
`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
`
`12 to
`Gunther
`Declaration
`
`Entirety
`
`Exhibit 2 to the
`November 3, 2020
`Deposition of Aaron
`Striegel bearing the
`bates number
`SonicWall-
`Finjan_00101991
`
`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 346-2 Filed 01/21/21 Page 5 of 7
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`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`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
`
`27 to
`Gunther
`Declaration
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Nenad Medvidovic
`
`Entirety
`
`Reason(s) for Sealing
`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
`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
`
`4
`[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 346-2 Filed 01/21/21 Page 6 of 7
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`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
`
`30 to
`Gunther
`Declaration
`
`Excerpts from the July
`14, 2020 Deposition of
`John Gordineer
`
`Entirety
`
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`Reason(s) for Sealing
`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
`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
`
`5
`[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 346-2 Filed 01/21/21 Page 7 of 7
`
`Exh. No.
`
`Document
`
`Portion(s) to
`Seal
`
`Reason(s) for Sealing
`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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`
`
`
`
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`
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`
`
`
`Judge Beth Labson Freeman
`United States District Court Judge
`
`
`
`
`
`
`
`
`
`6
`[PROPOSED] ORDER GRANTING SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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