Case 5:17-cv-04467-BLF Document 359 Filed 03/04/21 Page 1 of 11
`
`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
`John R. Gibson (GA SBN 454507)
`Admitted Pro Hac Vice
`jrgibson@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.
`
`
`
`
`
`
`
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`SONICWALL INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
`
`Defendant.
`
`
`SONICWALL INC.’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 359 Filed 03/04/21 Page 2 of 11
`
`I.
`
`INTRODUCTION
`Pursuant to Civil L.R. 7-11 and 79-5, this Court’s Standing Civil Order Re: Civil Cases, the
`Parties Stipulated Protective Order (Dkt. 68) and Federal Rule of Civil Procedure 26(b)(5)(B),
`Defendant SonicWall Inc. (“SonicWall”) hereby moves the Court for leave to file under seal,
`pursuant to Civil L.R. 79-5(d)-(e), the items identified in the table below:
`Exh. No.
`Document
`Portion(s) to Seal
`Reason(s) for Sealing
`The highlighted portions of this
`SonicWall’s Motion
`Highlighted
`
`document reflect information that
`to Exclude Improper
`portions at:
`SonicWall has designated as
`Expert Testimony
`Pg. 1 at lines 8-19
`“Highly Confidential – Attorneys’
`Based on Finjan’s
`and 24-25; Pg. 2
`Eyes Only” or “Highly
`Willfulness
`at lines 1-3, 7-9
`Confidential – Attorney’s Eyes
`Allegations (Motion
`and 18-20; Pg. 3
`Only – Source Code” pursuant to
`in Limine No. 1)
`at lines 5-6
`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.
`The highlighted portions of this
`document reflect 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
`SonicWall’s confidential business
`information. Additionally,
`highlighted portions of this
`document reflect information that
`Finjan has designated as “Highly-
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Protective
`Order. See Declaration of Nicole E.
`Grigg in Support of Administrative
`Motion to File Documents Under
`
`Highlighted
`portions at:
`Pg. 1 at lines 2-5,
`11, 16-17, 21 and
`25; Pg. 2 at lines
`6-7, 13 and 21;
`Pg. 3 at lines 24
`and 26-27; Pg. 4
`at lines 2-3, 5, 10-
`12, 14, 19, 22-24
`and 26-28; Pg. 5
`at lines 2, 6-7, 11-
`12 and 18-20,
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`
`
`
`SonicWall’s Motion
`in Limine to Exclude
`Dr. McDuff’s
`Method No. 1
`(Motion in Limine
`No. 2)
`
`1
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 359 Filed 03/04/21 Page 3 of 11
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`
`Exh. No.
`
`Document
`
`Portion(s) to Seal
`
`
`
`
`
`Pg. 1 at lines 4
`and 10-11; Pg. 5
`at line 18
`
`SonicWall’s Motion
`to Exclude Dr.
`Striegel’s Technical
`Apportionment
`Opinions and Dr.
`McDuff’s Reliance
`Thereon (Motion in
`Limine No. 3)
`
`SonicWall’s Motion
`in Limine to Exclude
`the Testimony of Dr.
`McDuff’s Price Per
`Scan Opinions
`(Method No. 3)
`(Motion in Limine
`No. 4)
`
`Pg. 1 at lines 16-
`21 and 23-28; Pg.
`2 at lines 1-3, 6-7,
`15 and 17-20; Pg.
`3 at lines 3-4, 6-
`10, 14-15 and 18;
`Pg. 4 at lines 7-9
`and 11; Pg. 5 at
`line 7
`
`1 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`September 4, 2020
`Expert Report of
`DeForest McDuff,
`Ph.D.
`
`Reason(s) for Sealing
`Seal (“Grigg Declaration”), ¶¶ 2-5.
`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. Additionally,
`highlighted portions of this
`document reflect information that
`Finjan has designated as “Highly-
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Protective
`Order. See Declaration of Nicole E.
`Grigg in Support of Administrative
`Motion to File Documents Under
`Seal (“Grigg Declaration”), ¶¶ 2-5.
`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
`information that SonicWall has
`designated as “Highly Confidential
`– Attorneys’ Eyes Only” or
`“Highly Confidential – Attorneys’
`Eyes Only - Source Code”
`pursuant to the Stipulated
`
`
`
`2
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 359 Filed 03/04/21 Page 4 of 11
`
`Exh. No.
`
`Document
`
`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
`as well as SonicWall’s confidential
`business information. 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
`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
`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
`
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`3 to Gunther
`Declaration
`
`4 to Gunther
`Declaration
`
`5 to Gunther
`Declaration
`
`
`
`Entirety
`
`Entirety
`
`Entirety
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Eric Cole Regarding
`Technology Tutorial
`and Infringement by
`SonicWall, Inc. of
`Patent Nos.
`6,154,844; 7,058,822;
`7,647,633; and
`8,677,494
`
`Excerpts from the
`September 3, 2020
`Expert Report of
`Michael
`Mitzenmacher, Ph.D.
`Regarding
`Infringement by
`SonicWall, Inc. of
`Patent Nos.
`6,804,780; 6,965,968;
`and 7,613,926
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Nenad Medvidović
`Regarding
`Infringement by
`SonicWall, Inc. of
`Patent Nos.
`8,225,408; 7,975,305;
`and 8,141,154
`
`3
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 359 Filed 03/04/21 Page 5 of 11
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`Exh. No.
`
`Document
`
`Portion(s) to Seal
`
`6 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Aaron Striegel
`
`7 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`October 22, 2020
`deposition transcript
`of Eric Cole
`
`8 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`October 26, 2020
`deposition transcript
`of Michael
`Mitzenmacher
`
`Reason(s) for Sealing
`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 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
`as well as SonicWall’s confidential
`business information. 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, as well as
`confidential business information
`of SonicWall. 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, as well as
`confidential business and financial
`information of SonicWall. See
`Grigg Declaration, ¶¶ 2-5.
`
`
`
`4
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 359 Filed 03/04/21 Page 6 of 11
`
`Exh. No.
`9 to Gunther
`Declaration
`
`Document
`Excerpts from the
`November 3, 2020
`deposition transcript
`of Aaron Striegel
`
`Portion(s) to Seal
`Entirety
`
`10 to
`Gunther
`Declaration
`
`Excerpts from the
`November 2, 2020
`deposition transcript
`of DeForest McDuff
`
`Entirety
`
`Reason(s) for Sealing
`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 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 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 internal
`email communications that Finjan
`has designated as “Confidential”
`
`Entirety
`
`Entirety
`
`Entirety
`
`13 to
`Gunther
`Declaration
`
`14 to
`Gunther
`Declaration
`
`Exhibit 5 to the
`November 2, 2020
`Deposition of
`DeForest McDuff,
`Ph.D.
`
`Exhibit 10 to the
`November 2, 2020
`Deposition of
`DeForest McDuff,
`Ph.D.
`
`17 to
`Gunther
`
`
`
`January 16, 2014
`email bearing Bates
`numbers FINJAN‐
`
`5
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Exh. No.
`Declaration
`
`22 to
`Gunther
`Declaration
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`23 to
`Gunther
`Declaration
`
`24 to
`Gunther
`Declaration
`
`25 to
`Gunther
`Declaration
`
`28 to
`Gunther
`Declaration
`
`Document
`SW 403755 -
`FINJAN‐SW 403759
`Exhibit 2 to the
`November 3, 2020
`Deposition of Aaron
`Striegel bearing the
`Bates number
`SonicWall-
`Finjan_00101991
`
`Exhibit 3 to the
`November 3, 2020
`Deposition of Aaron
`Striegel bearing the
`Bates number
`FINJAN-SW 158696
`January 8, 2017 email
`bearing the Bates
`numbers FINJAN-
`SW 403972 -
`FINJAN-SW 403979
`Excerpts from the
`February 27, 2020
`deposition transcript
`of Julie Mar-Spinola
`
`Excerpts from the
`October 9, 2020
`Expert Report of
`Stephen L. Becker
`
`Portion(s) to Seal
`
`Entirety
`
`Entirety
`
`Entirety
`
`Entirety
`
`Entirety
`
`Reason(s) for Sealing
`pursuant to the Stipulated
`Protective Order. 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 “Confidential”
`pursuant to the Stipulated
`Protective Order. 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 testimony
`that Finjan has designated as
`“Highly Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order. 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, as well as
`confidential business and financial
`information of SonicWall. See
`Grigg Declaration, ¶¶ 2-5.
`
`
`II.
`
`
`
`ARGUMENT
`
`6
`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 359 Filed 03/04/21 Page 8 of 11
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`A.
`Legal Standard
`There is a presumption of public access to judicial records and documents. Nixon v. Warner
`Commc'ns, Inc., 435 U.S. 589, 597 (1978). However, records attached to non-dispositive motions,
`such is the case here, are not subject to the strong presumption of access. Finjan, Inc. v. Proofpoint,
`Inc., No. 13-CV-05808-HSG, 2015 WL 9023164, at *1 (N.D. Cal. Dec. 16, 2015) (internal citation
`omitted). Because the documents attached to non-dispositive motions “are often unrelated, or only
`tangentially related, to the underlying cause of action,” parties moving to seal must meet the lower
`“good cause” standard of the Federal Rules of Civil Procedure Rule 26(c). Id. (internal quotation
`marks omitted). The “good cause” standard requires a “particularized showing” that “specific
`prejudice or harm will result” if the information is disclosed. Phillips ex rel. Estates of Byrd v. Gen.
`Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002) (internal quotation marks omitted); see Fed.
`R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated by specific examples of articulated
`reasoning” will not suffice. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992).
`Sealing is appropriate where the requesting party “establishes that the document, or portions thereof
`is privileged or protectable as a trade secret or otherwise entitled to protection under the law.” N.D.
`Cal. Civ. L.R. 79–5(a). A party must “narrowly tailor” its request to sealable material only. Id.
`
`B.
`
`SonicWall’s Administrative Motion to Seal Is Supported By Good Cause and Is
`Narrowly Tailored
`As noted in the table above, SonicWall seeks to seal select portions of its Motions in Limine
`Nos. 1-4 (“Motions”) at the pages listed in the table above and Exhibits 1, 3-10, 13, 14, 17, 22-25
`and 28 to the Declaration of Jarrad Gunther. SonicWall’s Motions quote from or reference the one
`or more exhibits that SonicWall is filing under seal which were designated as “CONFIDENTIAL”,
`“HIGHLY CONFIDENTIAL-ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
`ATTORNEY’S EYES ONLY – SOURCE CODE” pursuant to the terms of the Stipulated Protective
`Order. See Declaration of Nicole E. Grigg in Support of Administrative Motion to File Documents
`Under Seal (“Grigg Declaration”), ¶¶ 2-5. Pursuant to Civil Local Rule 79-5, SonicWall has publicly
`filed the relevant excerpts of information that are not confidential. Attached hereto are redacted and
`unredacted versions of SonicWall’s Motions and unredacted versions of the exhibits in support
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`SONICWALL INC.’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 359 Filed 03/04/21 Page 9 of 11
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`thereof that SonicWall seeks to seal.
`SonicWall seeks to seal Exhibits 1, 3-10, 14, 22, and 28 to the Declaration of Jarrad Gunther
`because they reflect or contain information that SonicWall has designated as “Confidential”, “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 Grigg Declaration, ¶¶ 2-5.
`SonicWall contends that public disclosure of this information would cause irreparable harm
`to SonicWall. Id.; see also Andrx Pharms., LLC v. GlaxoSmithKline, 236 F.R.D. 583, 586 (S.D. Fla.
`2006) (“Courts dress technical information with a heavy cloak of judicial protection because of the
`threat of serious economic injury to the disclosure of scientific information.”); Network Appliance,
`Inc. v. Sun Microsys. Inc., 2010 WL 841274, at *5 (N.D. Cal. Mar. 10, 2010) (granting application
`to seal “information regarding NetApp’s internal usability testing of its software”).
`SonicWall is sealing Exhibit 13 because it was produced by third party Francisco Partners
`and designated as “Highly Confidential – Attorneys’ Eyes Only” pursuant to the Stipulated
`Protective Order.
`SonicWall is sealing Exhibits 17 and 23-25 because they were designated by Finjan as
`“Confidential” or “Highly Confidential – Attorneys’ Eyes Only” pursuant to the Stipulated
`Protective Order.
`SonicWall’s administrative motion is narrowly tailored and only seeks to seal the exhibits
`associated with SonicWall’s Motions that were either designated in their entirety by Plaintiff Finjan,
`third party Francisco Partners or Defendant SonicWall as “CONFIDENTIAL”, “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY – SOURCE CODE” or reflect information from which confidential
`and proprietary technical or financial information of SonicWall could be ascertained. See Kowalsky
`v. Hewlett-Packard Co., 2012 WL 892427, at *2 (N.D. Cal. Mar. 14, 2012) (finding sealing
`appropriate where “[t]he proposed redactions contain[ed] . . . confidential product development
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`SONICWALL INC.’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 359 Filed 03/04/21 Page 10 of 11
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`information, the disclosure of which could harm [the defendant's] competitive advantage in the
`marketplace.”).
`III.
`CONCLUSION
`For these reasons, SonicWall respectfully requests that the Court grant its Administrative
`Motion to Seal.
`Dated: March 4, 2021
`
`DUANE MORRIS LLP
`
`/s/ Nicole E. Grigg
`Nicole E. Grigg
`D. Stuart Bartow
`Matthew C. Gaudet (admitted pro hac vice)
`Robin McGrath (admitted pro hac vice)
`David C. Dotson (admitted pro hac vice)
`Jennifer H. Forte (admitted pro hac vice)
`Joseph A. Powers (admitted pro hac vice)
`Jarrad M. Gunther (admitted pro hac vice)
`
`Attorneys for Defendant
`SONICWALL INC.
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`SONICWALL INC.’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 359 Filed 03/04/21 Page 11 of 11
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`/s/ Nicole E. Grigg
` Nicole E. Grigg
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the above and foregoing
`document has been served on March 4, 2021, to all counsel of record who are deemed to have
`consented to electronic service via the Court’s CM/ECF system.
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`SONICWALL INC.’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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