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)

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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 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

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