Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 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,
`
`
`
`v.
`
`
`SONICWALL INC., a Delaware Corporation,
`
`
` Case No.: 5:17-cv-04467-BLF-VKD
`
`DECLARATION OF NICOLE E. GRIGG
`IN SUPPORT OF SONICWALL INC.’S
`ADMINISTRATIVE MOTION TO FILE
`DOCUMENTS UNDER SEAL
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 Page 2 of 8
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`I, Nicole E. Grigg, declare as follows:
`1.
`I am an associate attorney at the law firm of Duane Morris LLP and am counsel for
`Defendant SonicWall, Inc. (“SonicWall”). I have personal knowledge of the matters set forth in this
`Declaration, and if called as a witness, could and would testify competently to such facts under oath.
`I submit this Declaration in support of SonicWall’s Administrative Motion to File Documents Under
`Seal pursuant to Civil L.R. 79-5(e). In making this Declaration, it is not my intention, nor the
`intention of SonicWall, to waive the attorney-client privilege, the attorney work-product immunity,
`or any other applicable privilege.
`2.
`I have reviewed the following documents and confirmed that they consist of or quote
`directly from documents which either were designated under the Stipulated Protective Order by
`SonicWall or Finjan or contain
`information
`that SonicWall or Finjan designated as
`“CONFIDENTIAL” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE” pursuant to the Stipulated
`Protective Order in this litigation or the Stipulated Protective Order in the Cisco case (Finjan LLC v.
`Cisco Systems, Inc., Case No. 5:17-cv-00072 (N.D. Ca.)) (“the Cisco case”) .
`3.
`Documents to be filed under seal:
`
`Exh. No.
`
`
`
`Document
`SonicWall’s Response
`to Finjan’s Motion in
`Limine No. 2 to
`Preclude Certain
`Damages Testimony
`by Dr. Becker
`
`Portion(s) to
`Seal
`Highlighted
`portions at:
`Pg. 1 at lines 19-
`24; pg. 3 at lines
`15-27; pg. 4 at
`lines 1-6, and 10-
`13; pg. 5 at lines
`6-11
`
`Reason(s) for Sealing
`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
`
`
`
`1
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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`Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 Page 3 of 8
`
`Exh. No.
`
`Document
`
`
`
`
`
`SonicWall’s Response
`to Finjan’s Motion in
`Limine No. 4 to
`Preclude Evidence or
`Testimony Regarding
`Mr. Touboul’s
`Replacement as CEO
`of Finjan
`
`SonicWall’s
`Response to Finjan’s
`Motion in Limine
`No. 5 to Preclude
`Evidence of Other
`Pending Proceedings
`Involving Finjan
`
`Portion(s) to
`Seal
`
`Highlighted
`portions at:
`Pg. 1 at lines 11-
`12, 14-15 and 19-
`24; pg. 2 at 16-
`17, 19-25 and 27;
`pg. 3 at lines 18-
`19 and 21
`Highlighted
`portions at:
`Pg. 1 at lines
`27-28; Pg. 2 at
`lines 1-3 and 9-
`11
`
`36 to
`Gunther
`Declaration
`
`37 to
`Gunther
`Declaration
`
`SonicWall’s
`Responsive Damages
`Contentions Pursuant
`to Patent L.R. 3-9
`
`Entire
`
`Entirety
`
`Excerpts from the
`September 4, 2020
`Expert Report of
`DeForest McDuff,
`Ph.D.
`
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`
`
`Reason(s) for Sealing
`Seal (“Grigg Declaration”), ¶¶ 2-5.
`The 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
`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.
`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 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. Additionally,
`this document contains information
`designated by Finjan as “Highly
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Stipulated
`Protective Order. See Grigg
`Declaration, ¶¶ 2-5.
`
`2
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 Page 4 of 8
`
`Exh. No.
`
`38 to
`Gunther
`Declaration
`
`Document
`
`Excerpts from the
`October 9, 2020
`Expert Report of
`Stephen L. Becker
`
`Portion(s) to
`Seal
`Entirety
`
`39 to
`Gunther
`Declaration
`
`Entirety
`
`Evidence cited in the
`October 9, 2020
`Expert Report of
`Stephen L. Becker
`(SLB-1A and SLB-
`1B)
`
`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. Additionally, this
`document contains information
`designated by Finjan 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
`SonicWall’s confidential
`business and financial
`information. See Grigg
`Declaration, ¶¶ 2-5.
`
`
`
`3
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
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`Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 Page 5 of 8
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`Portion(s) to
`Seal
`Entirety
`
`Entirety
`
`Entirety
`
`Entirety
`
`Exh. No.
`
`40 to
`Gunther
`Declaration
`
`41 to
`Gunther
`Declaration
`
`42 to
`Gunther
`Declaration
`
`43 to
`Gunther
`Declaration
`
`Document
`
`Excerpts from the
`August 6, 2019
`deposition transcript
`of Shlomo Touboul,
`taken in the matter
`of Finjan LLC v.
`Cisco Systems, Inc.,
`Case No. 5:17-cv-
`00072 (N.D. Ca.)
`(“the Cisco Case”)
`Excerpts from the
`November 2, 2020
`deposition transcript
`of DeForest McDuff
`
`Excerpts from the
`September 4, 2020
`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
`
`Excerpts from the
`September 4, 2020
`Expert Report of Dr.
`Kevin Almeroth on
`Invalidity of U.S.
`Patent Nos.
`6,154,844 and
`8,141,154
`
`Reason(s) for Sealing
`
`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 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. 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. See Grigg
`Declaration, ¶¶ 2-5.
`
`
`
`4
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 Page 6 of 8
`
`Portion(s) to
`Seal
`Entirety
`
`Exh. No.
`
`44 to
`Gunther
`Declaration
`
`Document
`
`Excerpts from the
`September 4, 2020
`Expert Report of Dr.
`Patrick McDaniel
`Regarding the
`Invalidity of the
`‘494 and ‘780
`Patents
`
`45 to
`Gunther
`Declaration
`
`46 to
`Gunther
`Declaration
`
`Entirety
`
`Entirety
`
`Excerpts from
`Finjan’s Objections
`and Responses to
`SonicWall’s Third
`Set of
`Interrogatories (Nos.
`11-25)
`Exhibit 13 to the
`August 5, 2019
`deposition of Asher
`Polani, taken in the.
`Cisco case
`
`47 to
`Gunther
`Declaration
`
`Exhibit 14 to the
`August 5, 2019
`deposition of Asher
`Polani, taken in the.
`Cisco case
`
`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. 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 was produced in
`the Cisco case and contains
`information that Finjan
`designated as “Confidential”
`pursuant to the Stipulated
`Protective Order entered in the
`Cisco case. See Grigg
`Declaration, ¶¶ 2-5.
`This document was produced in
`the Cisco case and contains
`information that Finjan
`designated as “Confidential”
`pursuant to the Stipulated
`Protective Order entered in the
`Cisco case. See Grigg
`Declaration, ¶¶ 2-5.
`
`
`
`5
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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`Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 Page 7 of 8
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`Portion(s) to
`Seal
`Entirety
`
`Exh. No.
`
`48 to
`Gunther
`Declaration
`
`Document
`
`Exhibit 31 to the
`August 6, 2019
`deposition of
`Shlomo Touboul,
`taken in the Cisco
`case
`
`49 to
`Gunther
`Declaration
`
`Exhibit 4 to the
`August 5, 2019
`deposition of Asher
`Polani, taken in the
`Cisco case
`
`Entirety
`
`50 to
`Gunther
`Declaration
`
`Excerpts of the
`August 5, 2019
`deposition of Asher
`Polani, taken in the
`Cisco case
`
`Entirety
`
`51 to
`Gunther
`Declaration
`
`Exhibit 7 to the
`August 5, 2019
`deposition of Asher
`Polani, taken in the
`Cisco case
`
`Entirety
`
`54 to
`Gunther
`Declaration
`
`Excerpts from the
`February 25, 2019
`deposition of Philip
`Hartstein, taken in
`the Cisco case
`
`Entirety
`
`Reason(s) for Sealing
`
`This document was produced in
`the Cisco case and contains
`information that Finjan
`designated as “Highly
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Stipulated
`Protective Order entered in the
`Cisco case. See Grigg
`Declaration, ¶¶ 2-5.
`This document was produced in
`the Cisco case and contains
`information that Finjan
`designated as “Confidential”
`pursuant to the Stipulated
`Protective Order entered in the
`Cisco case. See Grigg
`Declaration, ¶¶ 2-5.
`This document was produced in
`the Cisco case and contains
`information that Finjan
`designated as “Highly
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Stipulated
`Protective Order entered in the
`Cisco case. See Grigg
`Declaration, ¶¶ 2-5.
`This document was produced in
`the Cisco case and contains
`information that Finjan
`designated as “Highly
`Confidential – Attorneys’ Eyes
`Only” pursuant to the Stipulated
`Protective Order entered in the
`Cisco case. 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 in the Cisco
`case. See Grigg Declaration, ¶¶
`2-5.
`
`
`
`6
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
`
`

`

`Case 5:17-cv-04467-BLF Document 404-1 Filed 03/11/21 Page 8 of 8
`
`
`
`Good cause exists to seal the portions of the documents identified in the chart above
`4.
`for the reasons stated therein. SonicWall seeks to seal only those portions of the documents that
`contain “sealable” information, as defined in Civil Local Rule 79-5(d), and for which it has good
`cause to seal.
`I am informed and believe that, if filed publicly, SonicWall’s confidential information
`5.
`could be used by SonicWall’s competitors to SonicWall’s disadvantage, as it can be used to derive
`the confidential and proprietary business, financial, and technical information of SonicWall related
`to the accused products, including SonicWall’s highly sensitive source code, which, if disclosed,
`could result in competitive harm to SonicWall.
`I declare under penalty of perjury under the laws of California and the United States that the
`foregoing is true and correct. Executed on March 11, 2021 in Alameda, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Nicole E. Grigg
`Nicole E. Grigg (formerly Johnson)
`
`
`
`7
`DECLARATION OF NICOLE E. GRIGG IN SUPPORT OF SONICWALL’S ADMINISTRATIVE MOTION TO SEAL
`CASE NO. 5:17-CV-04467-BLF-VKD
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