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

Filing 251

OMNIBUS ORDER REGARDING #238 #240 #242 ADMINISTRATIVE MOTIONS TO SEAL DOCUMENTS. Signed by Judge Beth Labson Freeman on 6/8/2017. (patentlcsjS, COURT STAFF) (Filed on 6/8/2017)

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
OMNIBUS ORDER RE:
ADMINISTRATIVE MOTIONS TO
SEAL DOCUMENTS
[Re: ECF 238, 240, 242]

12
13

Before the Court are three administrative motions to file under seal, one from Plaintiff

14

Finjan, Inc. (“Finjan”) and two from Defendant Blue Coat Systems, LLC (“Blue Coat”). ECF

15

238, 240, 242. Two relate to the opposing briefing on the parties’ cross-motions for summary

16

judgment. See ECF 238, 240. The other relates to Blue Coat’s opening motion for summary

17

judgment. See ECF 242. For the reasons set forth below, Blue Coat’s motion at ECF 238 is

18

GRANTED IN PART and DENIED IN PART, Finjan’s motion at ECF 240 is GRANTED IN

19

PART and DENIED IN PART, and Blue Coat’s motion at ECF 242 is GRANTED.

20
21

I.

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

22

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

23

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

24

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

25

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

26

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

27

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

28

upon a lesser showing of “good cause.” Id. at 1097. In addition, sealing motions filed in this

1

district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b).

2

A party moving to seal a document in whole or in part must file a declaration establishing that the

3

identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or

4

protective order that allows a party to designate certain documents as confidential is not sufficient

5

to establish that a document, or portions thereof, are sealable.” Id.

6

II.

DISCUSSION
The Court has reviewed the parties’ sealing motions and the declarations submitted in

7
8

support thereof. The Court finds that the parties have articulated compelling reasons and good

9

cause to seal certain portions of the submitted documents. The proposed redactions are also

10

United States District Court
Northern District of California

11
12
13

narrowly tailored. The Court’s rulings on the sealing requests are set forth in the tables below:
A.
ECF
No.
238-4

ECF 238
Document to
be Sealed
Blue Coat’s
Opposition to
Finjan’s Motion
for Summary
Judgment

238-6

Ex. 1 to Marder
Declaration in
Support of Blue
Coat’s
Opposition to
Finjan’s Motion
for Summary
Judgment, ECF
237 (“Marder
Decl.”)
Ex. 2 to Marder
Decl.

14
15

Result

Reasoning

GRANTED as
to highlighted
portions.

Contain references to highly confidential Blue
Coat information regarding products and
functionality, operation, architecture, and
development thereof. Declaration of Eugene
Marder in Support of Administrative Motion to
File Under Seal, ECF 238-2 (“Marder Blue Coat
Sealing Decl.”) ¶ 7.
Contains references to highly confidential Blue
Coat information regarding products and
functionality, operation, architecture, and
development thereof, including reference to
portions of Blue Coat’s source code. Marder Blue
Coat Sealing Decl.¶ 8.

16
17
18
19
20
21
22
23
24
25

238-8

GRANTED as
to highlighted
portions.

GRANTED as
to highlighted
portions.

Contains references to highly confidential Blue
Coat information regarding products and
functionality, operation, architecture, and
development thereof. Marder Blue Coat Sealing
Decl.¶ 9.

26
27
28
2

1

238-9

Ex. 3 to Marder
Decl.

GRANTED.

238-10

Ex. 7 to Marder
Decl.

GRANTED.

238-11

Ex. 8 to Marder
Decl.

GRANTED.

238-12

Ex. 9 to Marder
Decl.

GRANTED.

238-13

Ex. 17 to
Marder Decl.

DENIED.

B.
ECF
No.
240-4

ECF 240
Document to
be Sealed
Finjan’s
Opposition to
Blue Coat’s
Motion for
Summary
Judgment

240-6

Ex. 3 to Kastens
Declaration in
Support of
Finjan’s
Opposition to
Blue Coat’s
Motion for
Summary
Judgment, ECF
241-1 (“Kastens
Decl.”)

2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Contains references to highly confidential Blue
Coat information regarding products and
functionality, operation, architecture, and
development thereof, including references to
portions of Blue Coat’s source code. Marder Blue
Coat Sealing Decl.¶ 10.
Reflects highly confidential Blue Coat information
regarding products and functionality, operation,
architecture, and development thereof. Marder
Blue Coat Sealing Decl.¶ 11.
Contains references to highly confidential Blue
Coat information regarding products and
functionality, operation, architecture, and
development thereof. Marder Blue Coat Sealing
Decl.¶ 12.
Contains references to highly confidential Blue
Coat information regarding products and
functionality, operation, architecture, and
development thereof. Marder Blue Coat Sealing
Decl.¶ 13.
Finjan, the designating party, has not filed a
declaration in support of sealing. See Marder Blue
Coat Sealing Decl. ¶14.

Result

Reasoning

GRANTED as
to highlighted
portions.

Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Declaration of Eugene Marder in Support of
Finjan’s Administrative Motion to File Under
Seal, ECF 244 (“Marder Finjan Sealing Decl.”)
¶ 6.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 7.

GRANTED.

27
28
3

240-8

Ex. 4 to Kastens
Decl.

GRANTED.

240-10

Ex. 5 to Kastens
Decl.

GRANTED.

240-12

Ex. 6 to Kastens
Decl.

GRANTED.

240-14

Ex. 7 to Kastens
Decl.

GRANTED.

240-16

Ex. 10 to
Kastens Decl.

GRANTED.

240-18

Ex. 11 to
Kastens Decl.

DENIED.

240-20

Ex. 12 to
Kastens Decl.

GRANTED.

240-22

1

Ex. 13 to
Kastens Decl.

GRANTED.

240-24

Ex. 14 to
Kastens Decl.

GRANTED.

240-26

Ex. 17 to
Kastens Decl.

GRANTED as
to page BC20778674;
DENIED as to
the remainder

2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26

Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 8.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 9.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 10.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 11.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 12.
Neither party supports filing this exhibit under
seal. See Marder Finjan Sealing Decl. ¶ 13;
Declaration of James Hannah in Support of
Finjan’s Administrative Motion to File Under Seal
(“Hannah Sealing Decl.”), ECF 240-1 ¶ 7.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 14.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 15.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 16.
Page BC2-0778674 contains highly confidential
technical information regarding Blue Coat’s
proprietary technology, and confidential aspects of
Blue Coat’s business. Marder Finjan Sealing
Decl. ¶ 17. Neither party supports filing the
remainder of this document under seal. See id.;
Hannah Sealing Decl. ¶ 7.

27
28
4

240-28

Ex. 18 to
Kastens Decl.

GRANTED as
to the excerpts
at 7:15-14:25;
DENIED as to
the remainder.

240-30

Ex. 19 to
Kastens Decl.

GRANTED as
to the excerpts
at pages 5-6;
DENIED as to
the remainder.

240-32

Ex. 20 to
Kastens Decl.

GRANTED.

240-34

Ex.26 to
Kastens Decl.

GRANTED.

240-36

Ex. 29 to
Kastens Decl.

GRANTED.

240-38

Ex. 30 to
Kastens Decl.

GRANTED.

18

240-40

GRANTED.

19

240-42

Ex. 33 to
Kastens Decl.
Ex. 34 to
Kastens Decl.

1
2
3
4
5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17

20
21
22
23
24
25
26
27

C.
ECF
No.
242-4

ECF 242
Document to
be Sealed
Blue Coat’s
Motion for
Summary
Judgment

GRANTED.

The excerpts at 7:15-14:25 contain highly
confidential technical information regarding Blue
Coat’s proprietary technology, and confidential
aspects of Blue Coat’s business. Marder Finjan
Sealing Decl. ¶ 18. Neither party supports filing
the remainder of this document under seal. See
id.; Hannah Sealing Decl. ¶ 7.
The excerpts at pages 5-6 contain highly
confidential technical information regarding Blue
Coat’s proprietary technology, and confidential
aspects of Blue Coat’s business. Marder Finjan
Sealing Decl. ¶ 19. Neither party supports filing
the remainder of this document under seal. See
id.; Hannah Sealing Decl. ¶ 7.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 20.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 21.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 22.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business.
Marder Finjan Sealing Decl. ¶ 23.
Consists entirely of Blue Coat source code.
Marder Finjan Sealing Decl. ¶ 24.
Consists entirely of Blue Coat source code.
Marder Finjan Sealing Decl. ¶ 25.

Result
GRANTED as
to highlighted
portions.

Reasoning
Contains information relating to details of the
internal operation of Blue Coat’s products,
including source code routines and backend
systems related to those products, as well as Blue
Coat’s confidential business operations.
Declaration of Eugene Marder in Support of
Renewed Administrative Motion to File Under
Seal, ECF 242-1 (“Marder Blue Coat Sealing
Decl.”) ¶¶ 5-10.

28
5

1
2
3

III.

ORDER
For the foregoing reasons, Blue Coat’s motion at ECF 238 is GRANTED IN PART and

DENIED IN PART, Finjan’s motion at ECF 240 is GRANTED IN PART and DENIED IN PART,
and Blue Coat’s motion at ECF 242 is GRANTED. Under Civil Local Rule 79-5(e)(2), for any

4
request that has been denied because the party designating a document as confidential or subject to
5
a protective order has not provided sufficient reasons to seal, the submitting party must file the
6
unredacted (or lesser redacted) documents into the public record no earlier than 4 days and no later
7
than 10 days from the filing of this order.
8
IT IS SO ORDERED.
9
10
Dated: June 8, 2017

United States District Court
Northern District of California

11
12
13

______________________________________
BETH LABSON FREEMAN
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6