Case 5:17-cv-04467-BLF Document 351-2 Filed 01/21/21 Page 1 of 5
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`(SAN JOSE DIVISION)
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`
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`FINJAN LLC, a Delaware Limited Liability
`Company,
`
`Case No. 5:17-cv-04467-BLF (VKD)
`
`Plaintiff,
`
`v.
`
`[PROPOSED] ORDER GRANTING
`FINJAN LLC’S OMNIBUS
`ADMINISTRATIVE MOTION TO FILE
`UNDER SEAL
`
`SONICWALL INC., a Delaware Corporation,
`
`
`
`Defendant.
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`Case No. 5:17-cv-04467 BLF (VKD)
`[PROPOSED] ORDER GRANTING FINJAN
`ADMIN. MOTION TO FILE UNDER SEAL
`
`

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`Case 5:17-cv-04467-BLF Document 351-2 Filed 01/21/21 Page 2 of 5
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`Plaintiff Finjan LLC’s Omnibus Administrative Motion to File Under Seal portions of
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`Finjan LLC’s Motion to Preclude Trial Testimony from Stephen Becker, Ph.D and portions of
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`Finjan LLC’s Motion To Preclude Trial Testimony Relating to Written Description was brought
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`before this Court. Upon consideration of this motion and the supporting declaration of K. Nicole
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`Williams filed in support of the motion, the Court finds that good cause and compelling reasons
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`exist for sealing certain documents.
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`Good cause and compelling reasons having been shown, the Court finds that there exist
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`overriding confidentiality interests that overcome the right of public access to the record for the
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`subject documents as follows:
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`Document
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`Portion(s) to Seal
`
`Reason(s) for Sealing
`
`Finjan LLC’s Motion
`To Preclude Trial
`Testimony Relating to
`Written Description
`
`Highlighted portions
`at page 2, lines 21-22;
`page 3, lines 16-19,
`21-22; page 4, line 8
`
`The highlighted portions of
`this document reflect
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order
`(ECF No. 68), and from
`which confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned.
`This document reflects
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order.
`
`This document was
`designated by SonicWall as
`“Highly Confidential –
`Attorneys’ Eyes Only”
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`
`
`ECF or
`Exh. No.
`ECF 348
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`Exh. A
`(ECF
`348-2)
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`Exh. B
`(ECF
`348-3)
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`Excerpts from the
`Expert Report of Dr.
`Avi Rubin Regarding
`Invalidity of U.S.
`Patent No. 8,225,408,
`U.S. Patent No.
`7,975,305, U.S. Patent
`No. 7,613,926 and U.S.
`Patent No. 6,965,968
`dated September 4,
`2020
`Excerpts from the
`Expert Report of Dr.
`Kevin Almeroth on
`Invalidity of U.S.
`
`Entirety
`
`Entirety
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`
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`1
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`Case No. 5:17-cv-04467 BLF (VKD)
`[PROPOSED] ORDER GRANTING FINJAN
`ADMIN. MOTION TO FILE UNDER SEAL
`
`

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`Case 5:17-cv-04467-BLF Document 351-2 Filed 01/21/21 Page 3 of 5
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`Exh. C
`(ECF
`348-4)
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`Exh. D
`(ECF
`348-5)
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`Exh. F
`(ECF
`348-7)
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`ECF 350
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`Patent Nos. 6,154,844
`and 8,141,154 dated
`September 4, 2020
`Excerpts from the
`Expert Report of Dr.
`Patrick McDaniel
`Regarding the
`Invalidity of the ’494
`and ’780 Patents dated
`September 4, 2020
`Excerpt from the
`Deposition Transcript
`of Avi Rubin, Ph.D.
`taken October 29, 2020
`
`Excerpt from the
`Deposition Transcript
`of Patrick McDaniel,
`Ph.D. taken October
`23, 2020
`
`Finjan LLC’s Motion
`to Preclude Trial
`Testimony from
`Stephen Becker, Ph.D.
`
`Entirety
`
`Entirety
`
`Entirety
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`Entirety
`
`Exh. A
`(ECF
`350-2)
`
`Excerpts from the
`Expert Report of
`Stephen L. Becker,
`Ph.D. on Behalf of
`Defendant dated
`October 9, 2020
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`Exh. B
`(ECF
`350-3)
`
`
`Excerpts from the
`Errata to Expert Report
`of Stephen L. Becker,
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`Entirety
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`2
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`Highlighted portions
`at page 3, lines 21-24;
`page 4, lines 9-11
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`pursuant to the Stipulated
`Protective Order.
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`This document was
`designated by SonicWall as
`“Highly Confidential –
`Attorneys’ Eyes Only”
`pursuant to the Stipulated
`Protective Order.
`
`This deposition transcript
`was designated by
`SonicWall as “Highly
`Confidential” pursuant to
`the Stipulated Protective
`Order.
`This deposition transcript
`was designated by
`SonicWall as “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order.
`The highlighted portions of
`this document reflect
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order,
`and from which confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned.
`This document was
`designated by SonicWall as
`“Confidential – Outside
`Counsel Only” pursuant to
`the Stipulated Protective
`Order. Confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned from this
`document.
`This document was
`designated by SonicWall as
`“Confidential – Outside
`Case No. 5:17-cv-04467 BLF (VKD)
`[PROPOSED] ORDER GRANTING FINJAN
`ADMIN. MOTION TO FILE UNDER SEAL
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`Case 5:17-cv-04467-BLF Document 351-2 Filed 01/21/21 Page 4 of 5
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`Ph.D. on Behalf of
`Defendant dated
`October 28, 2020
`
`Exh. C
`(ECF
`350-4)
`
`Excerpts from the
`Deposition Transcript
`of Stephen Becker,
`Ph.D. taken October
`29, 2020
`
`Entirety
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`Exh. D
`(ECF
`350-5)
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`Excerpts from the
`Expert Report of
`DeForest McDuff,
`Ph.D. dated September
`4, 2020
`
`Entirety
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`Entirety
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`Exh. E
`(ECF
`350-6)
`
`Plaintiff Finjan, Inc.’s
`Third Supplemental
`Objections and
`Responses to
`Defendant SonicWall,
`Inc.’s First Set of
`Interrogatories (No. 6)
`dated July 31, 2020
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`Counsel Only” pursuant to
`the Stipulated Protective
`Order. Confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned from this
`document.
`This deposition transcript
`was designated by
`SonicWall as “Confidential
`– Outside Counsel Eyes
`Only” pursuant to the
`Stipulated Protective Order,
`and from which confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned.
`This document reflects
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order,
`and from which confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned.
`This document reflects
`information regarding
`Finjan’s internal business
`practices and licensing
`negotiations, which Finjan
`has designated “HIGHLY
`CONFIDENTIAL –
`ATTORNEYS’ EYES
`ONLY” under the Protective
`Order (ECF No. 68). Public
`disclosure of this
`information would cause
`harm to Finjan. See
`Declaration of K. Nicole
`Williams in Support of
`SonicWall’s Administrative
`Motion to File Under Seal
`(“Williams Decl.”) ¶ 7.
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`3
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`Case No. 5:17-cv-04467 BLF (VKD)
`[PROPOSED] ORDER GRANTING FINJAN
`ADMIN. MOTION TO FILE UNDER SEAL
`
`

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`Case 5:17-cv-04467-BLF Document 351-2 Filed 01/21/21 Page 5 of 5
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`Entirety
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`Exh. F
`(ECF
`350-7)
`
`Excerpts from the
`Supplement to Expert
`Report of Stephen L.
`Becker on Behalf of
`Defendant dated
`December 22, 2020
`
`This document also reflects
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order,
`and from which confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned.
`This document was
`designated by SonicWall as
`“Confidential – Outside
`Counsel Only” pursuant to
`the Stipulated Protective
`Order. Confidential
`information regarding
`SonicWall’s accused
`products could potentially
`be discerned from this
`document.
`
`
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`The Court also finds that a substantial probability exists that the overriding confidentiality
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`interests will be prejudiced absent sealing, the sealing is narrowly tailored, and no less restrictive
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`means exist to achieve these overriding interests.
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`IT IS THEREFORE ORDERED that Finjan’s Omnibus Administrative Motion to File
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`Under Seal be, and hereby is, GRANTED with respect to the documents as set forth above.
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`Dated:
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`By:
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`
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`
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`Hon. Beth Labson Freeman
`U.S. District Judge
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`Case No. 5:17-cv-04467 BLF (VKD)
`[PROPOSED] ORDER GRANTING FINJAN
`ADMIN. MOTION TO FILE UNDER SEAL
`
`