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

Filing 219

ORDER GRANTING #217 BLUE COAT SYSTEMS LLC'S RENEWED MOTION TO FILE UNDER SEAL CERTAIN EXHIBITS IN SUPPORT OF MOTION TO STRIKE PORTIONS OF EXPERT REPORTS. Signed by Judge Beth Labson Freeman on 5/9/2017. (patentlcsjS, COURT STAFF) (Filed on 5/9/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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FINJAN, INC.,
Plaintiff,

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v.

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BLUE COAT SYSTEMS, LLC,
Defendant.

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United States District Court
Northern District of California

Case No. 15-cv-03295-BLF
ORDER GRANTING BLUE COAT
SYSTEMS LLC’S RENEWED MOTION
TO FILE UNDER SEAL CERTAIN
EXHIBITS IN SUPPORT OF MOTION
TO STRIKE PORTIONS OF EXPERT
REPORTS

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Before the Court is Defendant Blue Coat Systems, LLC’s (“Blue Coat”) Renewed

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Administrative Motion to File Under Seal Certain Exhibits in Support of Defendant Blue Coat

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Systems LLC’s Motion to Strike Portions of Expert Reports. ECF 217. For the reasons stated

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below, the motion is GRANTED.

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I.

LEGAL STANDARD
“Historically, courts have recognized a ‘general right to inspect and copy public records

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and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435

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U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are

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“more than tangentially related to the merits of a case” may be sealed only upon a showing of

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“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,

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1101–02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed

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upon a lesser showing of “good cause.” Id. at 1097.

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In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing

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only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in

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part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-

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5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain

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documents as confidential is not sufficient to establish that a document, or portions thereof, are

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sealable.” Id.

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II.

DISCUSSION
The Court has reviewed Blue Coat’s renewed sealing motion (ECF 217) and its declaration

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in support thereof (ECF 217-1). The Court finds that Blue Coat has articulated compelling

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reasons and good cause to seal the submitted documents. The Court’s rulings on the sealing

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request are set forth in the table below:
ECF
Document to
Result
No.
be Sealed
217-4
Ex. B to Marder GRANTED as
Decl. ISO Blue to highlighted
Coat’s Motion
portions.
to Strike
Portions of
Expert Reports,
ECF 204
(“Marder
Decl.”)
217-6
Ex. C to Marder GRANTED as
Decl.
to highlighted
portions.

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United States District Court
Northern District of California

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217-8

Ex. D to Marder
Decl.

GRANTED as
to highlighted
portions.

217-10

Ex. E to Marder
Decl.

GRANTED as
to highlighted
portions.

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Reasoning
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology and
confidential aspects of Blue Coat’s business,
including information relating to source code
routines for the accused products and backend
systems that are not publicly disclosed. Marder
Sealing Decl. ¶¶ 3, 5, ECF 217-1.

Contains highly confidential technical information
regarding Blue Coat’s proprietary technology and
confidential aspects of Blue Coat’s business,
including information relating to source code
routines for the accused products and backend
systems that are not publicly disclosed. Marder
Sealing Decl. ¶¶ 3, 5, ECF 217-1.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology and
confidential aspects of Blue Coat’s business,
including information relating to source code
routines for the accused products and backend
systems that are not publicly disclosed. Marder
Sealing Decl. ¶¶ 3, 5, ECF 217-1.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology and
confidential aspects of Blue Coat’s business,
including information relating to source code
routines for the accused products and backend
systems that are not publicly disclosed. Marder
Sealing Decl. ¶¶ 3, 5, ECF 217-1.

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217-12

Ex. G to Marder
Decl.

GRANTED as
to highlighted
portions.

217-14

Ex. H to Marder
Decl.

GRANTED as
to highlighted
portions.

217-16

Ex. I to Marder
Decl.

GRANTED as
to highlighted
portions.

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United States District Court
Northern District of California

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III.

Contains highly confidential technical information
regarding Blue Coat’s proprietary technology and
confidential aspects of Blue Coat’s business,
including information relating to source code
routines for the accused products and backend
systems that are not publicly disclosed. Marder
Sealing Decl. ¶¶ 3, 5, ECF 217-1.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology and
confidential aspects of Blue Coat’s business,
including information relating to source code
routines for the accused products and backend
systems that are not publicly disclosed. Marder
Sealing Decl. ¶¶ 3, 5, ECF 217-1.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology and
confidential aspects of Blue Coat’s business,
including information relating to source code
routines for the accused products and backend
systems that are not publicly disclosed. Marder
Sealing Decl. ¶¶ 3, 5, ECF 217-1.

ORDER

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For the foregoing reasons, the renewed sealing motion at ECF 217 is GRANTED.

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IT IS SO ORDERED.

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Dated: May 9, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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