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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 FINJAN, INC., Plaintiff, 8 v. 9 10 BLUE COAT SYSTEMS, LLC, Defendant. 11 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 12 Before the Court is Defendant Blue Coat Systems, LLC’s (“Blue Coat”) Renewed 13 14 Administrative Motion to File Under Seal Certain Exhibits in Support of Defendant Blue Coat 15 Systems LLC’s Motion to Strike Portions of Expert Reports. ECF 217. For the reasons stated 16 below, the motion is GRANTED. 17 18 I. LEGAL STANDARD “Historically, courts have recognized a ‘general right to inspect and copy public records 19 and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of 20 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 21 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are 22 “more than tangentially related to the merits of a case” may be sealed only upon a showing of 23 “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 24 1101–02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed 25 upon a lesser showing of “good cause.” Id. at 1097. 26 In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing 27 only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in 28 part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79- 1 5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain 2 documents as confidential is not sufficient to establish that a document, or portions thereof, are 3 sealable.” Id. 4 II. DISCUSSION The Court has reviewed Blue Coat’s renewed sealing motion (ECF 217) and its declaration 5 6 in support thereof (ECF 217-1). The Court finds that Blue Coat has articulated compelling 7 reasons and good cause to seal the submitted documents. The Court’s rulings on the sealing 8 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. 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 217-8 Ex. D to Marder Decl. GRANTED as to highlighted portions. 217-10 Ex. E to Marder Decl. GRANTED as to highlighted portions. 20 21 22 23 24 25 26 27 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. 28 2 1 217-12 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. 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 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 14 For the foregoing reasons, the renewed sealing motion at ECF 217 is GRANTED. 15 IT IS SO ORDERED. 16 17 18 19 Dated: May 9, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 20 21 22 23 24 25 26 27 28 3

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