Finjan, Inc. v. Blue Coat Systems, Inc.
Filing
336
OMNIBUS ORDER REGARDING #321 #323 SEALING MOTIONS. Signed by Judge Beth Labson Freeman on 10/4/2017. (patentlcsjS, COURT STAFF) (Filed on 10/4/2017)
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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 321, 323]
Defendant.
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United States District Court
Northern District of California
OMNIBUS 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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321, 323. Both relate to the responsive briefing on the parties’ motions in limine. See id. For the
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reasons set forth below, the motion at ECF 321 is GRANTED and the motion at ECF 323 is
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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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United States District Court
Northern District of California
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A.
ECF
No.
332-1
ECF 321
Document to
be Sealed
Blue Coat’s
Opposition to
Finjan’s Motion
in Limine No. 2
332-3
Blue Coat’s
Opposition to
Finjan’s Motion
in Limine No. 4
GRANTED as
to highlighted
portions.
332-5
Blue Coat’s
Opposition to
Finjan’s
Daubert Motion
GRANTED as
to highlighted
portions.
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Result
Reasoning
GRANTED as
to highlighted
portions.
Contains confidential competitive and financial
information. Declaration of Robin Brewer in
Support of Blue Coat’s Administrative Motion to
File Under Seal, ECF 321-2 (“Brewer Blue Coat
Sealing Decl.”) ¶ 8.
Contains confidential competitive and technical
information relating to the operation and
capabilities of Blue Coat’s Security Analytics
(“SA”) and Malware Analysis Appliance
(“MAA”) products. Brewer Blue Coat Sealing
Decl. ¶ 9.
Contains confidential competitive information and
confidential technical information relating to the
operation and capabilities of Blue Coat’s Content
Analysis System (“CAS”), MAA, and SA
products. Brewer Blue Coat Sealing Decl. ¶ 10.
Contains information confidential to Finjan’s
licensing negotiations and license agreements.
Declaration of Hannah Lee in Support of Blue
Coat’s Administrative Motion to File Under Seal,
ECF 334 (“Lee Blue Coat Sealing Decl.”) ¶ 4.
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321-3
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321-4
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Ex. D to
GRANTED.
Declaration of
Robin Brewer in
Support of Blue
Coat’s
Oppositions to
Finjan’s
Motions in
Limine, ECF
320 (“Brewer
Decl.”)
Ex. F to Brewer GRANTED.
Decl.
321-5
Ex. G to Brewer
Decl.
GRANTED.
321-6
Ex. H to Brewer
Decl.
GRANTED.
321-7
Ex. I to Brewer
Decl.
GRANTED.
321-8
Ex. J to Brewer
Decl.
GRANTED.
321-9
Ex. K to Brewer
Decl.
GRANTED.
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321-10
GRANTED.
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321-11
Ex. L to Brewer
Decl.
Ex. N to Brewer
Decl.
321-12
Ex. O to Brewer
Decl.
GRANTED.
321-13
Ex. P to Brewer
Decl.
GRANTED.
321-14
Ex. Q to Brewer
Decl.
GRANTED.
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United States District Court
Northern District of California
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GRANTED.
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Contains confidential competitive and financial
information relating to Blue Coat and Finjan, and
confidential information relating to Blue Coat’s
backend systems. Brewer Blue Coat Sealing Decl.
¶ 11. Contains information confidential 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 Blue
Coat Sealing Decl. ¶ 12.
Contains sensitive and confidential sales and
revenue information. Brewer Blue Coat Sealing
Decl. ¶ 13.
Contains confidential competitive and financial
information relating to Blue Coat, and confidential
information relating to Blue Coat’s backend
systems. Brewer Blue Coat Sealing Decl. ¶ 11.
Contains sensitive and confidential competitive
information. Brewer Blue Coat Sealing Decl.
¶ 14.
Contains sensitive and confidential competitive
information. Brewer Blue Coat Sealing Decl.
¶ 14.
Contains confidential competitive information
relating to Blue Coat. Brewer Blue Coat Sealing
Decl. ¶ 15.
Contains confidential revenue information.
Brewer Blue Coat Sealing Decl. ¶ 16.
Is a confidential license agreement. Brewer Blue
Coat Sealing Decl. ¶ 17. Contains information
confidential to Finjan’s licensing negotiations and
license agreements. Lee Blue Coat Sealing Decl.
¶ 4.
Contains confidential competitive and financial
information relating to Blue Coat, and confidential
information relating to Blue Coat’s backend
systems. Brewer Blue Coat Sealing Decl. ¶ 11.
Contains confidential competitive and financial
information relating to Blue Coat and Finjan.
Brewer Blue Coat Sealing Decl. ¶ 18.
Contains sensitive and confidential technical
information relating to the operation and
capabilities CAS and MAA. Brewer Blue Coat
Sealing Decl. ¶ 19.
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B.
ECF
No.
323-4
ECF 323
Document to
be Sealed
Finjan’s
Opposition to
Blue Coat’s
Motion in
Limine No. 1
323-6
Finjan’s
Opposition to
Blue Coat’s
Motion in
Limine No. 2
Finjan’s
Opposition to
Blue Coat’s
Motion in
Limine No. 4
Ex. 1 to
Declaration of
Hannah Lee in
Support
Finjan’s
Oppositions to
Blue Coat’s
Motions in
Limine, ECF
331 (“Lee
Decl.”)
Ex. 2 to Lee
Decl.
DENIED.
323-14
Ex. 4 to Lee
Decl.
GRANTED.
323-16
Ex. 5 to Lee
Decl.
GRANTED.
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Result
Reasoning
GRANTED as
to p.2 ll. 1-2,
7, 10-11, 26;
p.3 ll. 9-11,
14, 16, 20, 2627; p. 4 ll. 1-2;
p.6 ll. 2-3, 1012. DENIED
as to the
remainder.
Contains information confidential to Finjan’s
business and licensing practices. Declaration of
Hannah Lee in Support of Finjan’s Administrative
Motion to File Under Seal, ECF 323-1 (“Lee
Finjan Sealing Decl.”) ¶ 4. Contains highly
confidential technical information relating to
WebPulse and highly confidential financial
information and disclosures regarding confidential
aspects of Blue Coat’s business. Declaration of
Robin Brewer in Support of Finjan’s
Administrative Motion to File Under Seal, ECF
323-1 (“Brewer Finjan Sealing Decl.”) ¶ 5. The
remainder is denied because Blue Coat has not
indicated that those portions of this document
contain confidential information. See id.
Does not contain confidential information of either
party. Lee Finjan Sealing Decl. ¶ 5; Brewer Finjan
Sealing Decl. ¶ 6.
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United States District Court
Northern District of California
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323-8
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323-10
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323-12
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GRANTED as
to highlighted
portions.
Contains information confidential to Finjan’s
business and licensing practices. Lee Finjan
Sealing Decl. ¶ 6.
GRANTED.
Contains sensitive and highly confidential
technical information relating to WebPulse.
Brewer Finjan Sealing Decl. ¶ 7.
DENIED.
Does not contain confidential information of either
party. Lee Finjan Sealing Decl. ¶ 7; Brewer Finjan
Sealing Decl. ¶ 8.
Contains sensitive and highly confidential
technical information relating to WebPulse.
Brewer Finjan Sealing Decl. ¶ 9.
Contains sensitive and highly confidential
technical information relating to WebPulse.
Brewer Finjan Sealing Decl. ¶ 10.
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324-1
Ex. 6 to Lee
Decl.
GRANTED.
324-3
Ex. 7 to Lee
Decl.
GRANTED.
324-5
Ex. 8 to Lee
Decl.
GRANTED.
324-7
Ex. 9 to Lee
Decl.
GRANTED.
324-9
Ex. 10 to Lee
Decl.
GRANTED.
324-11
Ex. 11 to Lee
Decl.
GRANTED.
324-13
Ex. 12 to Lee
Decl.
GRANTED as
to highlighted
portions.
324-15
Ex. 13 to Lee
Decl.
GRANTED.
324-17
Ex. 14 to Lee
Decl.
GRANTED.
324-19
Ex. 15 to Lee
Decl.
GRANTED.
325-1
Ex. 16 to Lee
Decl.
GRANTED.
325-3
Ex. 17 to Lee
Decl.
DENIED.
325-5
Ex. 18 to Lee
Decl.
DENIED.
325-7
Ex. 19 to Lee
Decl.
GRANTED.
325-9
Ex. 20 to Lee
Decl.
DENIED.
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United States District Court
Northern District of California
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Contains sensitive and highly confidential
technical information relating to WebPulse.
Brewer Finjan Sealing Decl. ¶ 11.
Contains Blue Coat’s sensitive and highly
confidential financial and competitive information.
Brewer Finjan Sealing Decl. ¶ 12.
Contains sensitive and highly confidential
technical information relating to Blue Coat’s
products. Brewer Finjan Sealing Decl. ¶ 13.
Contains sensitive and highly confidential
technical information relating to Blue Coat’s
products. Brewer Finjan Sealing Decl. ¶ 14.
Contains sensitive and highly confidential
technical information relating to Blue Coat’s
products. Brewer Finjan Sealing Decl. ¶ 15.
Contains highly confidential and sensitive Blue
Coat financial and competitive information.
Brewer Finjan Sealing Decl. ¶ 16.
Contains information confidential to Finjan’s
business and licensing practices. Lee Finjan
Sealing Decl. ¶ 9. Contains discussion of highly
confidential and sensitive Blue Coat financial and
competitive information. Brewer Finjan Sealing
Decl. ¶ 17.
Contains highly confidential and sensitive Blue
Coat financial information. Brewer Finjan Sealing
Decl. ¶ 18.
Contains sensitive and highly confidential
technical information relating to WebPulse.
Brewer Finjan Sealing Decl. ¶ 19.
Contains highly confidential and sensitive Blue
Coat financial information. Brewer Finjan Sealing
Decl. ¶ 20.
Contains highly confidential and sensitive Blue
Coat financial information. Brewer Finjan Sealing
Decl. ¶ 21.
Does not contain confidential information of either
party. Lee Finjan Sealing Decl. ¶ 7; Brewer Finjan
Sealing Decl. ¶ 22.
Does not contain confidential information of either
party. Lee Finjan Sealing Decl. ¶ 7; Brewer Finjan
Sealing Decl. ¶ 23.
Contains highly confidential and sensitive
information Blue Coat competitive and business
information. Brewer Finjan Sealing Decl. ¶ 24.
Does not contain confidential information of either
party. Lee Finjan Sealing Decl. ¶ 7; Brewer Finjan
Sealing Decl. ¶ 25.
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325-11
Ex. 21 to Lee
Decl.
GRANTED.
325-13
Ex. 24 to Lee
Decl.
GRANTED.
325-15
Ex. 26 to Lee
Decl.
GRANTED.
325-17
Ex. 27 to Lee
Decl.
GRANTED.
325-19
Ex. 28 to Lee
Decl.
GRANTED.
325-21
Ex. 29 to Lee
Decl.
GRANTED as
to highlighted
portions.
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Contains highly confidential and sensitive Blue
Coat competitive and business information.
Brewer Finjan Sealing Decl. ¶ 26.
Contains highly confidential and sensitive Blue
Coat financial information. Brewer Finjan Sealing
Decl. ¶ 27.
Contains information confidential to Finjan’s
business and licensing practices. Lee Finjan
Sealing Decl. ¶ 10.
Contains information confidential to Finjan’s
business and licensing practices. Lee Finjan
Sealing Decl. ¶ 10.
Contains information confidential to Finjan’s
business and licensing practices. Lee Finjan
Sealing Decl. ¶ 10.
Contains information confidential to Finjan’s
business and licensing practices. Lee Finjan
Sealing Decl. ¶ 11.
United States District Court
Northern District of California
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III.
ORDER
For the reasons set forth below, the motion at ECF 321 is GRANTED and the motion at
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ECF 323 is GRANTED IN PART and DENIED IN PART. Under Civil Local Rule 79-5(e)(2),
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for any request that has been denied because the party designating a document as confidential or
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subject to a protective order has not provided sufficient reasons to seal, the submitting party must
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file the unredacted (or lesser redacted) documents into the public record no earlier than 4 days and
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no later than 10 days from the filing of this order.
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IT IS SO ORDERED.
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Dated: October 4, 2017
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______________________________________
BETH LABSON FREEMAN
United States District Judge
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