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

Filing 85

ORDER REGARDING #70 , #80 MOTIONS TO SEAL. Signed by Judge Beth Labson Freeman on 8/17/2016. (blflc3S, COURT STAFF) (Filed on 8/17/2016)

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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.,

Case No. 15-cv-03295-BLF

Plaintiff,
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v.

ORDER REGARDING MOTIONS TO
SEAL

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BLUE COAT SYSTEMS, INC.,

[Re: ECF 70, 80]

Defendant.

United States District Court
Northern District of California

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Before the Court are the parties’ administrative motions to file under seal portions of their

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briefing and exhibits. ECF 70, 80. For the reasons stated below, the motions are GRANTED.
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 and 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.

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In addition, sealing motions filed in this district must be “narrowly tailored to seek sealing

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only of sealable material.” Civil L.R. 79-5(b). A party moving to seal a document in whole or in

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part must file a declaration establishing that the identified material is “sealable.” Civ. L.R. 79-

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5(d)(1)(A). “Reference to a stipulation or protective order that allows a party to designate certain

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documents as confidential is not sufficient to establish that a document, or portions thereof, are

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sealable.” Id.
II.

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

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thereof. The Court finds the parties have articulated compelling reasons to seal the submitted

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documents. The proposed redactions are also narrowly tailored. The Court’s rulings on the

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sealing request are set forth in the tables below:

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A. ECF 70
Identification of Documents
to be Sealed
Plaintiff Finjan, Inc.’s Notice
of Motion and Motion for
Preliminary Injunction
Pursuant to Rule 65
(“Motion”) at Page 2, l. 24;
page 10, ll. 26-28; page 11, ll.
1, 3-4, 6-7, 11-20, 27; page 12,
ll. 1-6, 20-22, 27; page 13, ll.
1-7; page 23, ll. 9-16.
Declaration of Dr. Eric Cole in
Support of Finjan’s Motion
(“Cole Decl.”) at Page 10, ll.
15-22; page 16, ll. 1-10, 15-18,
19, 22; page 12, ll. 20-21, page
13, ll. 1-7, 12-23; page 14, ll.
12-16; page 15, ll. 18, 24, 26;
page 16, ll. 1-3, 19-27; page
17, ll. 1-12, 18-27; page 18, ll.
1-15, 18, 22-23; page 19, ll. 17, 9, 11-16; page 20, ll. 4-19;
page 21, ll. 1-12, 18-20, 25-26;
page 22, ll. 1-8, 22-26; page
23, ll. 1-7, 20-23.
Exhibit 29 to Andre Decl.

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United States District Court
Northern District of California

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Exhibit 30 to Andre Decl. at
Pages 37, 51.

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Exhibit 34 to Andre Decl.

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Exhibit 35 to Andre Decl.

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Exhibit 36 to Andre Decl.

Description of Documents

Court’s Order

Blue Coat’s confidential
technical and business
information

GRANTED

Reference 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

GRANTED

Highly confidential Blue Coat
information regarding Blue
Coat’s marketing and
financials
Highly confidential
information regarding Blue
Coat’s business and financials
Highly confidential Blue Coat
information regarding Blue
Coat’s trade secret and
technology
Highly confidential Blue Coat
information regarding Blue
Coat’s trade secret and
technology
Highly confidential Blue Coat

GRANTED

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GRANTED
GRANTED

GRANTED

GRANTED

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United States District Court
Northern District of California

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information regarding Blue
Coat’s trade secret and
technology
Exhibit 47 to Andre Decl.
Highly confidential Blue Coat
information regarding Blue
Coat’s products and services
Exhibit 54 to Andre Decl. in its Discloses Finjan’s confidential
entirety
business and financial
information.
B. ECF 80
Identification of Documents
to be Sealed
Exhibits 1-4 to the Declaration
of Yuridia Caire in
Support of Finjan’s Opposition
to Blue Coat’s Administrative
Motion for Expedited
Discovery and Continuance of
the Briefing Schedule and
Finjan’s Cross-Motion for
Expedited Hearing, in their
entirety
Exhibits 7 to the Declaration of
Yuridia Caire

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III.

Description of Documents

GRANTED
GRANTED.

Court’s Order

Discloses Finjan’s confidential GRANTED
information concerning
Finjan’s business, products and
technical informa

Discloses Finjan’s confidential
information concerning
Finjan’s business, licensees,
products and technical
information.

GRANTED

ORDER
For the foregoing reasons, the sealing motions at ECF 70 and 80 are GRANTED.
IT IS SO ORDERED

Dated: August 17, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

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