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

Filing 283

ORDER GRANTING 282 BLUE COAT SYSTEMS, LLC'S ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman on 8/4/2017. (patentlcsjS, COURT STAFF) (Filed on 8/4/2017)

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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 ADMINISTRATIVE MOTION TO FILE UNDER SEAL [Re: ECF 282] 12 Before the Court is Defendant Blue Coat Systems LLC’s (“Blue Coat”) administrative 13 14 motion to file under seal portions of the Court’s Order Regarding Summary Judgment (ECF 276) 15 and Order Granting in Part and Denying in Part Blue Coat Systems, LLC’s Motion to Strike 16 Expert Reports (ECF 277). ECF 282. For the reasons set forth below, Blue Coat’s motion is 17 GRANTED. 18 19 I. LEGAL STANDARD “Historically, courts have recognized a ‘general right to inspect and copy public records 20 and documents, including judicial records and documents.’” Kamakana v. City & Cnty. of 21 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 22 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are 23 “more than tangentially related to the merits of a case” may be sealed only upon a showing of 24 “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 25 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed 26 upon a lesser showing of “good cause.” Id. at 1097. In addition, sealing motions filed in this 27 district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b). 28 A party moving to seal a document in whole or in part must file a declaration establishing that the 1 identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or 2 protective order that allows a party to designate certain documents as confidential is not sufficient 3 to establish that a document, or portions thereof, are sealable.” Id. 4 5 II. DISCUSSION The Court has reviewed Blue Coat’s sealing motion and the declaration submitted in support thereof. According to Blue Coat, the portions of the Court’s orders for which sealing is 7 requested contain information relating to details of the internal operation of Blue Coat’s products, 8 including backend systems related to those products, as well as Blue Coat’s confidential business 9 operations. Declaration of Robin L. Brewer in Support of Administrative Motion to File Under 10 Seal, ECF 282-1 ¶¶ 5-14. The Court finds that Blue Coat has articulated compelling reasons and 11 United States District Court Northern District of California 6 good cause for sealing. The proposed redactions are also narrowly tailored. Accordingly, the 12 Court GRANTS Blue Coat’s motion to seal. 13 IT IS SO ORDERED. 14 15 16 17 Dated: August 4, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2

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