Finjan, Inc. v. Blue Coat Systems, Inc.

Filing 209

ORDER GRANTING 150 FINJAN, INC.'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Magistrate Judge Susan van Keulen on 4/27/2017. (ofr, COURT STAFF) (Filed on 4/27/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 FINJAN, INC., 7 Plaintiff, 8 v. 9 BLUE COAT SYSTEMS, LLC, 10 ORDER GRANTING FINJAN, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL Re: Dkt. No. 150 Defendant. 11 United States District Court Northern District of California Case No. 15-cv-03295-BLF (SVK) Before the Court is Finjan, Inc.’s (“Finjan”) Administrative Motion to Seal (ECF 150). 12 13 Finjan’s motion seeks to seal confidential technical information belonging to Blue Coat Systems, 14 LLC (“Blue Coat”) that the parties submitted to the Court in connection with Finjan’s discovery 15 submissions seeking to compel supplemental document production from Blue Coat filed 16 November 23, 2016. (ECF 151.)1 The Court grants Finjan’s motion to seal. Courts recognize a “general right to inspect and copy public records and documents, 17 18 including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 19 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 20 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of 21 access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 22 1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to 23 court records depends on the purpose for which the records are filed with the court. A party 24 seeking to seal court records relating to motions that are “more than tangentially related to the 25 underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 26 27 28 1 This case was reassigned to the undersigned for discovery proceedings on January 20, 2017. (ECF 172.) The Court ruled on Finjan’s motion to compel on January 31, 2017. (ECF 178.) Due to a clerical oversight, this Court did not rule on the administrative motion to seal at that time. 1 Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to 2 motions that re “not related, or only tangentially related, to the merits of the case,” the lower 3 “good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party 4 moving to seal court records must also comply with the procedures established by Civil Local 5 Rule 79-5. 6 Here, the “good cause” standard applies because Finjan seeks to seal information that it 7 submitted to the Court in connection with a discovery dispute, rather than a motion that concerns 8 the merits of the case. Having considered the Motion, the declarations submitted in support 9 thereof, the pleadings on file, and the parties’ efforts to narrowly tailor their sealing requests to 10 United States District Court Northern District of California 11 12 specific items of technical information, the Motion is hereby granted. IT IS HEREBY ORDERED that the following materials should be sealed and that counsel for Finjan may file the following materials under seal: 13 14 15 16 17 Document Discovery Dispute Joint Report Text to be Sealed Redacted portions at 3:910; 7:20-24; 8:19-24 Exhibit 5 to the Discovery Dispute Joint Report Entire exhibit containing Blue Coat’s Second Supplemental Responses to Finajan’s First Set of Interrogatories 18 19 20 Basis for Sealing Portion of Document References to Blue Coat’s highly confidential product, business, and financial information. References to Blue Coat’s highly confidential product, business, and financial information. SO ORDERED. Dated: April 27, 2017 21 22 SUSAN VAN KEULEN United States Magistrate Judge 23 24 25 26 27 28 2

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