Finjan, Inc. v. ESET, LLC et al

Filing 905

ORDER Granting Joint Motion to File Under Seal Exhibits to Joint Statement Re Further Relief [ECF 901 ]. Signed by Magistrate Judge Bernard G. Skomal on 4/3/2023. (anh)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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FINJAN, LLC.,

Case No.: 17-cv-183-CAB-BGS
Plaintiff,

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v.

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ESET, LLC and ESET SPOL. SR.O.,

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ORDER GRANTING JOINT
MOTION TO FILE UNDER SEAL
EXHIBITS TO JOINT STATEMENT
RE FURTHER RELIEF

Defendants.

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[ECF 901]

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Before the Court is the parties’ Joint Motion to File Under Seal Exhibits to Joint

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Statement Re Further Relief. (ECF 901). It seeks to file five exhibits that were submitted

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in support of the parties’ Joint Statement (ECF 903) under seal—Exhibits 1, 2, and 3 to

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the Declaration of Nicola A. Pisano (“Pisano Decl.”) and Exhibits A and B to the

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Declaration of Nicole Williams (“Williams Decl.”). (ECF 901.) The Joint Statement these

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exhibits were filed in support of, and other exhibits were filed publicly. (ECF 903.)

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Because the documents the parties seek to file under seal were filed in support of

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briefing on a discovery dispute, their request to file under seal is subject to a showing of

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good cause. See Kamankana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1179-80 (9th

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Cir. 2003) (distinguishing between filing documents under seal in support of a non1
17-cv-183-CAB-BGS

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dispositive discovery motion, subject to good cause, and filing documents under seal in
support of a dispositive motion, subject to compelling reasons standard); see also Foltz v.
State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135-37 (9th Cir. 2003).
In support of sealing these exhibits, counsel for Finjan has submitted a declaration.
(Decl. of K. Nicole Williams in Support of Parties’ Joint Motion to File Documents
Under Seal (“Williams Decl. in Support of Sealing”) [ECF 901-1].) The declaration
explains that Exhibits 1-3 contain highly sensitive business information such as nonpublic financial figures as well as licensing, acquisition, and litigation strategy, and
Exhibits A and B contain highly sensitive financial figures and confidential agreement

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terms. (Id. ¶¶ 4-5.) Counsel also explains that these exhibits are confidentially

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maintained by Finjan in its regular course of business and that their public disclosure

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could harm Finjan’s business and competitive positions. (Id. ¶ 6.) Additionally, the Court

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has reviewed the exhibits.

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Based on the foregoing, the Court finds good cause to GRANT the Joint Motion.
The Clerk shall file these exhibits under seal.

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IT IS SO ORDERED.
Dated: April 3, 2023

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17-cv-183-CAB-BGS