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

Filing 314

ONIMBUS ORDER REGARDING #300 #305 SEALING MOTIONS. Signed by Judge Beth Labson Freeman on 9/27/2017. (patentlcsjS, COURT STAFF) (Filed on 9/27/2017)

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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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BLUE COAT SYSTEMS, LLC,

[Re: ECF 300, 305]

Defendant.

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United States District Court
Northern District of California

ONIMBUS ORDER RE: SEALING
MOTIONS

v.

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Case No. 15-cv-03295-BLF

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

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

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300, 305. Both relate to the briefing on the parties’ motions in limine. See id. For the reasons set

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forth below, each of the parties’ motions is GRANTED IN PART and DENIED IN PART.

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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 & 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. In addition, sealing motions filed in this

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

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

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

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

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

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II.

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

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

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

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narrowly tailored. The Court’s rulings on the sealing requests are set forth in the tables below:

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ECF 300
Document to
be Sealed
Finjan’s
Daubert Motion

300-6

Finjan’s Motion
in Limine No. 2

GRANTED as
to highlighted
portions.

300-8

Finjan’s Motion
in Limine No. 2

GRANTED as
to highlighted
portions.

301-1

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A.
ECF
No.
300-4

Declaration of
Hannah Lee in
Support of
Finjan’s
Motions in
Limine Nos. 1-4
and Daubert
Motion (“Lee
Decl.”)
Ex. 2 to Lee
Decl.

DENIED.

United States District Court
Northern District of California

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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 and
finances. Declaration of Eugene Marder in
Support of Finjan’s Administrative Motion to File
Under Seal, ECF 313 (“Marder Sealing Decl.”)
¶ 7.
Contains highly confidential information,
including financial information and disclosures
regarding confidential aspects of Blue Coat’s
business. Marder Sealing Decl. ¶ 5.
Contains highly confidential technical information
regarding Blue Coat’s proprietary technology, and
confidential aspects of Blue Coat’s business and
finances. Marder Sealing Decl. ¶ 6.
Does not contain confidential information of either
party. Marder Sealing Decl. ¶ 8; Declaration of
Hannah Lee in Support of Finjan’s Administrative
Motion to File Under Seal, ECF 300-1 (“Lee
Finjan Sealing Decl.”) ¶ 3.

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301-3

GRANTED.

Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 9. Contains information confidential to
Finjan’s business and licensing practices. Lee
Finjan Sealing Decl. ¶ 7.

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301-5

Ex. 6 to Lee
Decl.

GRANTED.

301-7

Ex. 7 to Lee
Decl.

GRANTED.

301-9

Ex. 8 to Lee
Decl.

GRANTED.

301-11

Ex. 9 to Lee
Decl.

GRANTED.

301-13

Ex. 10 to Lee
Decl.

GRANTED.

302-1

Ex. 11 to Lee
Decl.

GRANTED.

302-3

Ex. 12 to Lee
Decl.

GRANTED.

302-5

Ex. 13 to Lee
Decl.

DENIED.

303-1

Ex. 16 to Lee
Decl.

GRANTED.

303-3

Ex. 17 to Lee
Decl.

GRANTED.

303-5

Ex. 19 to Lee
Decl.

DENIED.

B.
ECF
No.

ECF 305
Document to
be Sealed

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United States District Court
Northern District of California

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Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 10.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 11.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 12.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 13.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 14.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 15.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive, which is
not publicly disclosed. Marder Sealing Decl. ¶ 16.
Does not contain confidential information of either
party. Marder Sealing Decl. ¶ 17; Lee Finjan
Sealing Decl. ¶ 3.
Contains highly confidential and sensitive
information about the operation, reporting
functions and infrastructure, and software
components of Blue Coat products, which is not
publicly disclosed. Marder Sealing Decl. ¶ 18.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 19.
Does not contain confidential information of either
party. Marder Sealing Decl. ¶ 20; Lee Finjan
Sealing Decl. ¶ 3.

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Result

Reasoning

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305-3

Blue Coat’s
Motion in
Limine No. 1

GRANTED as
to highlighted
portions.

305-5

Blue Coat’s
Motion in
Limine No. 4
Blue Coat’s
Motion in
Limine No. 5
Declaration of
Robin L.
Brewer in
Support of Blue
Coat’s Motions
in Limine
(“Brewer
Decl.”)
Ex. 1 to Brewer
Decl.

GRANTED as
to highlighted
portions.
GRANTED as
to highlighted
portions.
GRANTED as
to highlighted
portions.

305-12

Ex. 2 to Brewer
Decl.

GRANTED.

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305-13

GRANTED.

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305-14

Ex. 3 to Brewer
Decl.
Ex. 4 to Brewer
Decl.
Ex. 12 to
Brewer Decl.

GRANTED as
to p. 14, ll.1415, 17; p. 15,
ll.12-13; p. 32
ll.22-23; p. 36,
ll.4-5, 7-9, 26;
p.39, ll.25;
DENIED as to
the remainder.

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305-7

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305-9

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United States District Court
Northern District of California

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305-11

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GRANTED as
to highlighted
portions.

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305-15

GRANTED.

Contains confidential competitive and financial
information. Declaration of Robin L. Brewer in
Support of Blue Coat’s Administrative Motion to
File Under Seal, ECF 305-1 (“Brewer Sealing
Decl.”) ¶ 8.
Contains confidential competitive and financial
information. Brewer Sealing Decl. ¶ 8.
Contains confidential competitive and financial
information. Brewer Sealing Decl. ¶ 8.
Contains confidential financial information
relating to WebPulse revenues. Brewer Sealing
Decl. ¶ 9.

Contains confidential competitive and financial
information relating to Blue Coat and Finjan, and
confidential information relating to Blue Coat’s
backend systems. Brewer Sealing Decl. ¶ 10;
Declaration of Hannah Lee in Support of Blue
Coat’s Administrative Motion to File Under Seal,
ECF 312 (“Lee Blue Coat Sealing Decl.”) ¶¶ 4-5.
Contains confidential competitive and financial
information relating to Blue Coat and Finjan.
Brewer Sealing Decl. ¶ 11; Lee Blue Coat Sealing
Decl. ¶ 4.
Contains sensitive and confidential sales and
revenue information. Brewer Sealing Decl. ¶ 12.
Contains sensitive and confidential sales and
revenue information relating to WebPulse revenue.
Brewer Sealing Decl. ¶ 13.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements, as well as confidential information
relating to Finjan’s products, their revenues, and
legal analysis of their patented technology. Lee
Blue Coat Sealing Decl. ¶¶ 4-5. The remainder is
denied because Finjan has not indicated that those
portions of this document contain confidential
information. See id.

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305-16

Ex. 53 to
Brewer Decl.

305-17

Ex. 54 to
Brewer Decl.

305-18

Ex. 55 to
Brewer Decl.

GRANTED.

305-19

Ex. 56 to
Brewer Decl.

GRANTED.

305-20

Ex. 57 to
Brewer Decl.

GRANTED.

305-21

Ex. 58 to
Brewer Decl.

GRANTED.

305-22

Ex. 60 to
Brewer Decl.

GRANTED.

305-23

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Ex. 61 to
Brewer Decl.

GRANTED.

305-24

Ex. 62 to
Brewer Decl.

GRANTED.

305-25

Ex. 63 to
Brewer Decl.

GRANTED.

305-26

Ex. 64 to
Brewer Decl.

GRANTED.

305-27

Ex. 65 to
Brewer Decl.

GRANTED.

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GRANTED as
to p. 8, ll.2123, p.9, ll.18,
25; p. 11, ll.
15, 22; p.13,
ll.10-11, 1315; p.16, ll.20;
DENIED as to
the remainder.
GRANTED.

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United States District Court
Northern District of California

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Contains confidential information relating to:
Finjan’s licensing negotiations and license
agreements; Finjan’s products, their revenues, and
legal analysis of their patented technology; and
Finjan’s awareness of products and competitors.
Lee Blue Coat Sealing Decl. ¶¶ 4-6. The
remainder is denied because Finjan has not
indicated that those portions of this document
contain confidential information. See id.
Contains Blue Coat confidential and proprietary
competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
Contains Blue Coat confidential and proprietary
competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
Contains Blue Coat confidential technical and
competitive information. Brewer Sealing Decl.
¶ 16.
Contains Blue Coat confidential technical and
competitive information. Brewer Sealing Decl.
¶ 16.
Contains Blue Coat confidential technical and
competitive information. Brewer Sealing Decl.
¶ 16.
Contains Blue Coat confidential technical and
competitive information. Brewer Sealing Decl.
¶ 16. Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains Blue Coat confidential technical and
competitive information. Brewer Sealing Decl.
¶ 16. Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains Blue Coat confidential technical and
competitive information. Brewer Sealing Decl.
¶ 16. Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains Blue Coat confidential and proprietary
competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
Contains Blue Coat confidential and proprietary
competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
Contains Blue Coat confidential and proprietary
competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
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305-28

Ex. 66 to
Brewer Decl.

GRANTED.

305-29

Ex. 86 to
Brewer Decl.

GRANTED.

305-30

Ex. 87 to
Brewer Decl.

GRANTED.

305-31

Ex. 88 to
Brewer Decl.

GRANTED.

305-32

Ex. 89 to
Brewer Decl.

GRANTED.

305-33

Ex. 90 to
Brewer Decl.

GRANTED.

305-34

Ex. 91 to
Brewer Decl.

GRANTED.

305-35

Ex. 92 to
Brewer Decl.

GRANTED.

305-36

Ex. 93 to
Brewer Decl.

GRANTED.

305-37

Ex. 94 to
Brewer Decl.

GRANTED.

305-38

Ex. 95 to
Brewer Decl.

GRANTED.

305-39

Ex. 96 to
Brewer Decl.

GRANTED.

305-40

Ex. 97 to
Brewer Decl.

GRANTED.

305-41

Ex. 98 to
Brewer Decl.

GRANTED.

305-42

Ex. 118 to
Brewer Decl.

GRANTED.

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United States District Court
Northern District of California

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Contains Blue Coat confidential and proprietary
competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential competitive and financial
information relating to Blue Coat. Brewer Sealing
Decl. ¶ 10. Contains confidential information
relating to Finjan’s licensing negotiations and
license agreements. Lee Blue Coat Sealing Decl. ¶
4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential information relating to
Finjan’s licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
Contains confidential competitive and financial
information relating to Blue Coat. Brewer Sealing
Decl. ¶ 10.
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III.

ORDER
For the reasons set forth below, each of the parties’ motions is GRANTED IN PART and

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DENIED IN PART. Under Civil Local Rule 79-5(e)(2), for any request that has been denied
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because the party designating a document as confidential or subject to a protective order has not
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provided sufficient reasons to seal, the submitting party must file the unredacted (or lesser
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redacted) documents into the public record no earlier than 4 days and no later than 10 days from
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the filing of this order.
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IT IS SO ORDERED.
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Dated: September 27, 2017
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United States District Court
Northern District of California

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______________________________________
BETH LABSON FREEMAN
United States District Judge

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