Case 5:17-cv-04467-BLF Document 359-2 Filed 03/04/21 Page 1 of 8
`
`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.
`
`Defendant.
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`[PROPOSED] ORDER GRANTING
`SONICWALL INC.’S ADMINISTRATIVE
`MOTION TO FILE DOCUMENTS UNDER
`SEAL
`
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`[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 359-2 Filed 03/04/21 Page 2 of 8
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`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
`SonicWall’s Motion
`to Exclude Improper
`Expert Testimony
`Based on Finjan’s
`Willfulness
`Allegations (Motion
`in Limine No. 1)
`
`Portion(s) to Seal
`Highlighted
`portions at:
`Pg. 1 at lines 8-19
`and 24-25; Pg. 2
`at lines 1-3, 7-9
`and 18-20; Pg. 3
`at lines 5-6
`
`
`
`
`SonicWall’s Motion
`in Limine to Exclude
`Dr. McDuff’s
`Method No. 1
`(Motion in Limine
`No. 2)
`
`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-
`
`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.
`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-
`
`
`
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`[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 359-2 Filed 03/04/21 Page 3 of 8
`
`Exh. No.
`
`Document
`
`Portion(s) to Seal
`12 and 18-20,
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`1 to Gunther
`
`Reason(s) for Sealing
`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. 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
`
`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
`
`Excerpts from the
`September 4, 2020
`
`Entirety
`
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`[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 359-2 Filed 03/04/21 Page 4 of 8
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`Exh. No.
`Declaration
`
`Document
`Expert Report of
`DeForest McDuff,
`Ph.D.
`
`Portion(s) to Seal
`
`3 to Gunther
`Declaration
`
`4 to Gunther
`Declaration
`
`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
`
`5 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`September 3, 2020
`Expert Report of Dr.
`Nenad Medvidović
`Regarding
`
`Reason(s) for Sealing
`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
`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”
`
`
`
`3
`[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 359-2 Filed 03/04/21 Page 5 of 8
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`Portion(s) to Seal
`
`Exh. No.
`
`Document
`Infringement by
`SonicWall, Inc. of
`Patent Nos.
`8,225,408; 7,975,305;
`and 8,141,154
`
`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
`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
`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
`
`
`
`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 359-2 Filed 03/04/21 Page 6 of 8
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`Exh. No.
`
`Document
`
`Portion(s) to Seal
`
`9 to Gunther
`Declaration
`
`Entirety
`
`Excerpts from the
`November 3, 2020
`deposition transcript
`of Aaron Striegel
`
`10 to
`Gunther
`Declaration
`
`Excerpts from the
`November 2, 2020
`deposition transcript
`of DeForest McDuff
`
`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.
`
`Entirety
`
`Entirety
`
`Reason(s) for Sealing
`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 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
`
`
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`5
`[PROPOSED] ORDER GRANTING SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

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`Exh. No.
`
`Document
`
`Portion(s) to Seal
`
`17 to
`Gunther
`Declaration
`
`22 to
`Gunther
`Declaration
`
`23 to
`Gunther
`Declaration
`
`24 to
`Gunther
`Declaration
`
`25 to
`Gunther
`Declaration
`
`28 to
`Gunther
`Declaration
`
`Entirety
`
`Entirety
`
`January 16, 2014
`email bearing Bates
`numbers FINJAN‐
`SW 403755 -
`FINJAN‐SW 403759
`Exhibit 2 to the
`November 3, 2020
`Deposition of Aaron
`Striegel bearing the
`Bates number
`SonicWall-
`Finjan_00101991
`
`Entirety
`
`Entirety
`
`Entirety
`
`Entirety
`
`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
`
`Reason(s) for Sealing
`Declaration, ¶¶ 2-5.
`This document contains internal
`email communications that Finjan
`has designated as “Confidential”
`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.
`
`
`
`6
`[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 359-2 Filed 03/04/21 Page 8 of 8
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`
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`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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`Judge Beth Labson Freeman
`United States District Court Judge
`
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`[PROPOSED] ORDER GRANTING SONICWALL’S ADMINISTRATIVE MOTION TO FILE DOCUMENTS UNDER SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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