Case 5:17-cv-04467-BLF Document 371-2 Filed 03/04/21 Page 1 of 8
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`FINJAN LLC, a Delaware Limited Liability
`Company,
`
` Plaintiff,
`
`
`v.
`
`
`SONICWALL, INC., a Delaware Corporation,
`
` Defendant.
`
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`(SAN JOSE DIVISION)
`
`
`
`Case No. 5:17-cv-04467-BLF (VKD)
`
`[PROPOSED] ORDER GRANTING
`FINJAN LLC’S ADMINISTRATIVE
`MOTION TO FILE UNDER SEAL ITS
`MOTION IN LIMINE NOS. 1-3 AND
`EXHIBITS
`
`
`
`
`March 18, 2021
`DATE:
`1:30 PM
`TIME:
`JUDGE: Hon. Beth Labson Freeman
`Ctrm: 3, 5th Floor
`PLACE:
`
`
`Plaintiff Finjan LLC’s (“Finjan”) Administrative Motion to File Documents Under Seal
`
`came before this Court on March 4, 2021. Upon consideration of this motion and the declaration
`
`of K. Nicole Williams filed in support thereof, the Court finds good cause for granting the request
`
`to file the documents described below under seal.
`
`1.
`
`There exists overriding confidentiality interests that overcome the right of public
`
`access to the record for the following documents:
`
`
`1
`
`
`
`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’S
`MOTION TO FILE UNDER SEAL ITS MILS AND
`EXHIBITS
`
`

`

`Case 5:17-cv-04467-BLF Document 371-2 Filed 03/04/21 Page 2 of 8
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`Document
`
`Portion(s) to Seal
`
`Reason(s) for Sealing
`
`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
`
`Entirety
`
`Entirety
`
`Entirety
`
`Entirety
`
`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
`
`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.
`
`This deposition transcript
`was designated by
`SonicWall as “Highly
`Confidential” pursuant to
`the Stipulated Protective
`
`2
`
`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’S
`MOTION TO FILE UNDER SEAL ITS MILS AND
`EXHIBITS
`
`
`
`or
`ECF
`Exh. No.
`ECF 369
`
`Exh. 1 to
`the
`Declaration
`of
`Proshanto
`Mukherji
`(“Mukherji
`Decl.”)
`
`
`Exh. 2
`
`Exh. 3
`
`
`Exh. 4
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`

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`Case 5:17-cv-04467-BLF Document 371-2 Filed 03/04/21 Page 3 of 8
`
`Exh. 6
`
`
`ECF 370
`
`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
`
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`Entirety
`
`Exh. 7
`
`Excerpts from the
`Expert Report of
`Stephen L. Becker,
`Ph.D. on Behalf of
`Defendant dated
`October 9, 2020
`
`
`
`
`
`3
`
`Entirety
`
`Highlighted portions
`at page 2, lines 11-12
`
`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
`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’S
`MOTION TO FILE UNDER SEAL ITS MILS AND
`EXHIBITS
`
`

`

`Case 5:17-cv-04467-BLF Document 371-2 Filed 03/04/21 Page 4 of 8
`
`Exh. 8
`
`
`Entirety
`
`Excerpts from the
`Errata to Expert
`Report of Stephen L.
`Becker, Ph.D. on
`Behalf of Defendant
`dated October 28,
`2020
`
`Exh. 9
`
`Entirety
`
`Excerpts from the
`Deposition Transcript
`of Stephen Becker,
`Ph.D. taken October
`29, 2020
`
`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 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.
`
`
`
`
`
`4
`
`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’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 371-2 Filed 03/04/21 Page 5 of 8
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`68). Public disclosure of
`this information would
`cause harm to Finjan. See
`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
`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’S
`MOTION TO FILE UNDER SEAL ITS MILS AND
`EXHIBITS
`
`Exh. 10
`
`Entirety
`
`Excerpts from the
`Expert Report of
`DeForest McDuff,
`Ph.D. dated September
`4, 2020
`
`Exh. 11
`
`
`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
`
`Exh. 12
`
`
`Excerpts from the
`Supplement to Expert
`Report of Stephen L.
`Becker on Behalf of
`Defendant dated
`December 22, 2020
`
`
`
`
`
`Entirety
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`

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`Case 5:17-cv-04467-BLF Document 371-2 Filed 03/04/21 Page 6 of 8
`
`Entirety
`
`Excerpts from Plaintiff
`Finjan, Inc.’s
`Disclosure of
`Damages Contentions
`Pursuant to Patent
`Local Rule 3-8 dated
`July 16, 2018
`
`
`
`
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`Highlighted portions
`at 4 lines 14, 17
`
`Entirety
`
`Finjan LLC’s Motion
`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
`
`ECF 368
`
`Exh. 13
`
`Exh. 14
`
`SonicWall’s accused
`products could potentially
`be discerned from this
`document.
`The highlighted portions of
`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.
`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’S
`MOTION TO FILE UNDER SEAL ITS MILS AND
`EXHIBITS
`
`

`

`Case 5:17-cv-04467-BLF Document 371-2 Filed 03/04/21 Page 7 of 8
`
`Exh. 15
`
`Entirety
`
`Excerpts from
`Defendant SonicWall
`Inc.’s Responsive
`Damages Contentions
`Pursuant to Patent
`L.R. 3-9 dated August
`15, 2018
`
`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
`
`Exh. 16
`
`Exh. 17
`
`
`
`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 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.
`
`1.
`A substantial probability exists that the overriding confidentiality interests will be
`prejudiced if the record is not sealed;
`2.
`The proposed sealing is narrowly tailored; and
`3.
`No less restrictive means exist to achieve these overriding interests.
`7
`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’S
`MOTION TO FILE UNDER SEAL ITS MILS AND
`EXHIBITS
`
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`Case 5:17-cv-04467-BLF Document 371-2 Filed 03/04/21 Page 8 of 8
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`IT IS THEREFORE ORDERED that Finjan’s Administrative Motion to File Documents
`Under Seal is GRANTED with respect to the documents set forth above.
`IT IS SO ORDERED.
`Dated: ____________________
`
`
`Hon. Beth Labson Freeman
`United States District Court
`
`
`
`
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`Case No. 5:17-cv-04467-BLF (VKD)
`PROPOSED ORDER GRANTING FINJAN’S
`MOTION TO FILE UNDER SEAL ITS MILS AND
`EXHIBITS
`
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