Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 1 of 10
`
`Juanita R. Brooks (CA SBN 75934) brooks@fr.com
`Roger A. Denning (CA SBN 228998) denning@fr.com
`Jason W. Wolff (CA SBN 215819) wolff@fr.com
`John-Paul Fryckman (CA 317591) fryckman@fr.com
`K. Nicole Williams (CA291900) nwilliams@fr.com
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Ste. 400
`San Diego, CA 92130
`Telephone: (858) 678-5070 / Fax: (858) 678-5099
`
`Proshanto Mukherji (Pro Hac Vice) mukherji@fr.com
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210
`Phone: (617) 542-5070/ Fax: (617) 542-5906
`
`Robert Courtney (CA SBN 248392) courtney@fr.com
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Phone: (612) 335-5070 / Fax: (612) 288-9696
`
`Attorneys for Plaintiff
`FINJAN LLC
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`(SAN JOSE DIVISION)
`FINJAN LLC., a Delaware Limited Liability
`Case No. 5:17-cv-04467-BLF (VKD)
`Company,
`
` Plaintiff,
`
`
`v.
`
`
`SONICWALL, INC., a Delaware Corporation,
`
` Defendant.
`
`FINJAN LLC’S OMNIBUS
`ADMINISTRATIVE MOTION TO FILE
`UNDER SEAL ITS MOTION IN LIMINE
`NOS. 1-3 AND EXHIBITS
`Date: March 18, 2021
`Time: 1:30 PM
`Hon. Beth Labson Freeman
`Ctrm: 3, 5th Floor
`
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`Case No. 17-cv-04467-BLF (VKD)
`FINJAN LLC’S MOTION TO FILE UNDER SEAL ITS MILS AND EXHIBITS
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`

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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 2 of 10
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`
`
`I.
`
`INTRODUCTION
`Plaintiff Finjan LLC (“Finjan”), having reviewed and complied with Civil Local Rule 79-
`5, hereby moves the Court for permission to file under seal the following documents:
`ECF or
`Document
`Portion(s) to Seal
`Reason(s) for Sealing
`Exh. No.
`ECF 369
`
`Finjan LLC’s Motion
`in Limine No. 1 To
`Preclude Testimony
`On Written Description
`from SonicWall’s
`Technical Experts
`
`Highlighted portions
`at page 2, lines 1-2,
`14-17, 19-20; page 3,
`lines 3-4
`
`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”
`pursuant to the Stipulated
`Protective Order.
`
`This document was
`designated by SonicWall as
`“Highly Confidential –
`Attorneys’ Eyes Only”
`pursuant to the Stipulated
`Protective Order.
`
`Entirety
`
`Entirety
`
`Entirety
`
`Exh. 1
`
`
`Exh. 2
`
`
`Exh. 3
`
`
`Exh. 4
`
`
`
`
`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.
`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
`
`Entirety
`
`This deposition transcript
`was designated by
`SonicWall as “Highly
`Confidential” pursuant to
`Case No. 17-cv-04467-BLF (VKD)
`1
`FINJAN LLC’S MOTION TO FILE UNDER SEAL ITS MILS AND EXHIBITS
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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 3 of 10
`
`Excerpt from the
`Deposition Transcript
`of Patrick McDaniel,
`Ph.D. taken October
`23, 2020
`
`Finjan LLC’s Motion
`in Limine No. 2 To
`Preclude Certain
`Damages Testimony
`By Dr. Becker
`
`
`
`
`Exh. 6
`
`
`ECF 370
`
`Exh. 7
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`Entirety
`
`Excerpts from the
`Expert Report of
`Stephen L. Becker,
`Ph.D. on Behalf of
`Defendant dated
`October 9, 2020
`
`Entirety
`
`Highlighted portions
`at page 2, lines 11-12
`
`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 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.
`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.
`Case No. 17-cv-04467-BLF (VKD)
`2
`FINJAN LLC’S MOTION TO FILE UNDER SEAL ITS MILS AND EXHIBITS
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`

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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 4 of 10
`
`Entirety
`
`Excerpts from the
`Errata to Expert Report
`of Stephen L. Becker,
`Ph.D. on Behalf of
`Defendant dated
`October 28, 2020
`
`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
`Williams Decl. ¶ 7. 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 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 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
`Case No. 17-cv-04467-BLF (VKD)
`3
`FINJAN LLC’S MOTION TO FILE UNDER SEAL ITS MILS AND EXHIBITS
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`Entirety
`
`Excerpts from the
`Deposition Transcript
`of Stephen Becker,
`Ph.D. taken October
`29, 2020
`
`
`
`
`Exh. 8
`
`
`Exh. 9
`
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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 5 of 10
`
`Entirety
`
`Excerpts from the
`Expert Report of
`DeForest McDuff,
`Ph.D. dated September
`4, 2020
`
`Entirety
`
`Plaintiff Finjan, Inc.’s
`Third Supplemental
`Objections and
`Responses to
`Defendant SonicWall,
`Inc.’s First Set of
`Interrogatories (No. 6)
`dated July 31, 2020
`
`Williams Decl. ¶ 7.
`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
`Williams Decl.¶ 7. 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.
`The highlighted portions of
`Highlighted portions
`Case No. 17-cv-04467-BLF (VKD)
`4
`FINJAN LLC’S MOTION TO FILE UNDER SEAL ITS MILS AND EXHIBITS
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`Entirety
`
`Excerpts from the
`Supplement to Expert
`Report of Stephen L.
`Becker on Behalf of
`Defendant dated
`December 22, 2020
`
`Finjan LLC’s Motion
`
`
`
`
`Exh. 10
`
`Exh. 11
`
`
`Exh. 12
`
`
`ECF 368
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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 6 of 10
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`at page 4 lines 14, 17
`
`Entirety
`
`in Limine No. 3 To
`Preclude Argument
`that SonicWall Is Not
`Successor-in-Interest to
`Dell
`
`Defendant SonicWall
`Inc.’s Second
`Supplemental
`Response to Finjan,
`Inc.’s First Set of
`Interrogatories (No. 1)
`dated August 21, 2020
`
`this document reflect
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order.
`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 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
`Williams Decl ¶ 10. 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 reflects
`information regarding
`Finjan’s internal business
`practices and licensing
`negotiations, which Finjan
`has designated “HIGHLY
`CONFIDENTIAL –
`Case No. 17-cv-04467-BLF (VKD)
`5
`FINJAN LLC’S MOTION TO FILE UNDER SEAL ITS MILS AND EXHIBITS
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`Entirety
`
`Excerpts from Plaintiff
`Finjan, Inc.’s
`Disclosure of Damages
`Contentions Pursuant
`to Patent Local Rule 3-
`8 dated July 16, 2018
`
`Entirety
`
`Excerpts from
`Defendant SonicWall
`Inc.’s Responsive
`Damages Contentions
`Pursuant to Patent L.R.
`3-9 dated August 15,
`2018
`
`
`
`
`Exh. 13
`
`Exh. 14
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`Exh. 15
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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 7 of 10
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`Exh. 16
`
`Exh. 17
`
`Excerpt from the
`Sellers Disclosure
`Schedule between Dell
`Inc., Dell International
`L.L.C. and Seahawk
`Holding (Cayman)
`Limited dated June 19,
`2016
`Excerpt from the
`deposition transcript of
`John Gmuender taken
`July 9, 2020
`
`Entirety
`
`Entirety
`
`ATTORNEYS’ EYES
`ONLY” under the Protective
`Order (ECF No. 68). Public
`disclosure of this
`information would cause
`harm to Finjan. See
`Williams Decl. ¶ 10. 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
`“Strictly Confidential”
`pursuant to the Stipulated
`Protective Order.
`
`This document was
`designated by SonicWall as
`“Highly Confidential –
`Attorneys’ Eyes Only”
`pursuant to the Stipulated
`Protective Order.
`
`Per Civil Local Rule 79-5(d)(1)(A) and 79-5(e), the statements above are confirmed by the
`accompanying Declaration of K. Nicole Williams in Support of Finjan LLC’s Omnibus
`Administrative Motion to File Under Seal, filed contemporaneously herewith. Per Civil Local
`Rule 79-5(d)(1)(B), a proposed order narrowly tailored to seal only the sealable material, and
`listing in table format each document or portion thereof that is sought to be sealed, is attached
`hereto. Per Civil Local Rule 79-5(d)(1)(C) and (D), redacted and unredacted versions of the
`documents sought to be sealed are attached hereto as exhibits to Ms. Williams’s Declaration.
`
`
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`Case No. 17-cv-04467-BLF (VKD)
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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 8 of 10
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`
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`II.
`
`ARGUMENT
`
`A.
`
`Legal Standard
`
`Under Fed. Rule Civ. P. 26(c)(1)(G), the Court may, in its discretion and for good cause,
`
`issue an order “requiring that a trade secret or other confidential research, development, or
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`commercial information not be revealed or be revealed only in a specified way.” Similarly, in this
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`Circuit, the Court may seal documents and information in the case of a dispositive motion if there
`
`are “compelling reasons” to do so, and where “good cause” exists in the case of non-dispositive
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`motions. Ctr. For Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1095-1100 (9th Cir. 2016).
`
`A motion is considered “non-dispositive” when the motion is no more than “tangentially related”
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`to the underlying cause of action. Id. at 1099. The “good cause” standard requires a
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`“particularized showing” that “specific prejudice or harm will result” if the information is
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`disclosed. Phillips ex rel. Estates of Byrd v. Gen Motors Corp.¸ 307 F.3d 1206, 1210-11 (9th Cir.
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`2002) (internal quotation marks omitted). “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, 4766 (9th Cir. 1992). A request to seal material “must be narrowly tailored to seek
`
`sealing only of sealable material.” L.R. 79-5(b).
`
`B.
`
`Finjan’s Administrative Motion to Seal Is Supported by Good Cause and
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`Compelling Reasons and is Narrowly Tailored
`
`Good cause and compelling reasons exist to file the documents in question under seal, as
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`described in the Declaration of K. Nicole Williams In Support of Finjan LLC’s Omnibus Motion
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`to File under Seal its Motion in Limine Nos. 1-3 and Exhibits 1-4 and 6-17 (“Williams Decl.”)
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`accompanying this motion to seal. For example, and as identified above, Exhibits 7–9, 11, 14, and
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`15 to the Omnibus Declaration of Proshanto Mukherji in Support of Plaintiff Finjan LLC’s
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`Motions in Limine (“Mukherji Decl.”) include information regarding Finjan’s confidential
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`business practices and licensing negotiations. Disclosure of such information may be used by
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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 9 of 10
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`Finjan’s competitors to gain an advantage in negotiations with Finjan and cause it harm in the
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`marketplace.
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`Finjan’s request is narrowly tailored to seal only information (1) that is confidential to
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`Finjan and which could cause harm to Finjan’s business if disclosed, or (2) that has been
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`designated as confidential pursuant to the protective order entered in this case. For the foregoing
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`reasons, Finjan respectfully requests that the Court grant its request that the documents described
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`above remain under seal.
`
`Dated: March 4, 2021
`
`
`
`Respectfully Submitted,
`
`By: /s/ K. Nicole Williams
`Juanita R. Brooks (CA SBN 75934)
`brooks@fr.com
`Roger A. Denning (CA SBN 228998)
`denning@fr.com
`Jason W. Wolff (CA SBN 215819)
`wolff@fr.com
`John-Paul Fryckman (CA 317591)
`fryckman@fr.com
`K. Nicole Williams (CA 291900)
`nwilliams@fr.com
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Ste. 400
`San Diego, CA 92130
`Phone: (858) 678-5070 / Fax: (858) 678-5099
`
`Proshanto Mukherji (Pro Hac Vice)
`mukherji@fr.com
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210
`Phone: (617) 542-5070/ Fax: (617) 542-5906
`
`Robert Courtney (CA SBN 248392)
`courtney@fr.com
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Phone: (612) 335-5070 / Fax: (612) 288-9696
`
`Attorneys for Plaintiff
`FINJAN LLC
`
`
`
`
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`
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`Case No. 17-cv-04467-BLF (VKD)
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`Case 5:17-cv-04467-BLF Document 371 Filed 03/04/21 Page 10 of 10
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above and foregoing
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`document has been served on March 4, 2021, 2021 to all counsel of record who are deemed to
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`have consented to electronic service via the Court’s CM/ECF system. Any other counsel of record
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`will be served by electronic mail and regular mail.
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`/s/ K. Nicole Williams
`K. Nicole Williams
`nwilliams@fr.com
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`Case No. 17-cv-04467-BLF (VKD)
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`FINJAN LLC’S MOTION TO FILE UNDER SEAL ITS MILS AND EXHIBITS
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