Finjan, LLC. v. Cisco Systems Inc.

4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA FINJAN, INC., Case No. 17-cv-00072-BLF (SVK) 8 Plaintiff, ORDER ON MOTIONS TO SEAL 9 v. Re: Dkt. Nos. 491, 507, 523 10 CISCO SYSTEMS INC., 11 Defendant.

12 The Administrative Motions to File Documents Under Seal currently before the Court include motions filed by Plaintiff Finjan, Inc. (Dkt. 507) and Defendant Cisco Systems Inc. (Dkt.

14 491 and 523) (collectively, the “Motions”) seeking to seal certain materials submitted to the Court in connection with Cisco’s Motion to Strike Portions of Finjan’s Amended Expert Report on Infringement of Patent No. 7,647,633.

17 Courts recognize a “general right to inspect and copy public records and documents, including judicial records and documents.” Kamakana v. City & Cnty. Of Honolulu, 447 F.3d 19 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Communs., Inc., 435 U.S. 589, 597 & n.7 (1978)). A request to seal court records therefore starts with a “strong presumption in favor of access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 22 1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to court records depends on the purpose for which the records are filed with the court. A party seeking to seal court records relating to motions that are “more than tangentially related to the underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to motions that re “not related, or only tangentially related, to the merits of the case,” the lower moving to seal court records must also comply with the procedures established by Civil Local Rule 79-5.

3 Here, the “good cause” standard applies because the information the parties seek to seal was submitted to the Court in connection with a discovery-related motion, rather than a motion that concerns the merits of the case. Having considered the Motions and supporting declarations, as well as the Declaration of Nicole Grigg (Dkt. 520) in support thereof, and the pleadings on file, and good cause appearing, the Motions are hereby GRANTED as follows: 9 Dkt. 491: Cisco’s Administrative Motion to File Under Seal 10 Ex. No. Document Portion(s) to Reason(s) for Sealing Seal 11 Cisco Systems, Inc.’s GRANTED Portions of this document Notice Of Motion And as to contain confidential technical Motion To Strike highlighted information and source code 13 Portions Of Finjan’s portions at: related to the accused Cisco Amended Expert page i, lines 16, products and Finjan’s expert’s 14 Report On 25; analysis thereof. Public Infringement Of Patent disclosure of this information 15 No. 7,647,633 page 3, lines 11- would cause harm to Cisco.

14; 16-20, 26; Redactions are narrowly tailored.

16 page 4 lines 2-3; See Grigg Decl. (Dkt. 491-1) at ¶ 17 page 5 line 10; 3. page 7 lines 10- 18 11, 17-18; page 8 line 19 18/19 (to be clear, Cisco is 20 not seeking to seal the 21 highlighted phrase: 22 “parameters to run the sample file or URL” which was highlighted to direct the Court to that particular 26 phrase); page 10 lines 9- 27 10, 12, 14, 17, 21-22 Ex. 1 Appendix C1 from GRANTED This document contains Finjan’s operative as to entire confidential technical 2 infringement document information and source code contentions dated related to the accused Cisco 3 November 30, 2017 products. Public disclosure of this information would cause harm to Cisco. See Grigg Decl. (Dkt. 491-1) at ¶ 3.

Ex. 2 Appendix C3 from GRANTED This document contains 6 Finjan’s operative as to entire confidential technical infringement document information and source code 7 contentions dated related to the accused Cisco November 30, 2017 products. Public disclosure of this information would cause harm to Cisco. See Grigg Decl. (Dkt. 491-1) at ¶ 3.

10 Ex. 3 Excerpts from the GRANTED This document contains “Amended Expert as to entire confidential technical 11 Report of Nenad document information and source code Medvidovic, Ph.D. related to the accused Cisco 12 Regarding products and Finjan’s expert’s 13 Infringement . . . of analysis thereof. Public Patent No. 7,647,633” disclosure of this information 14 would cause harm to Cisco.

See Grigg Decl. (Dkt. 491-1) at 15 ¶ 3.

Ex. 4 Appendix C1 from GRANTED as to This document contains 16 Finjan’s proposed entire document confidential technical information supplemental and source code related to the infringement accused Cisco products. Public 18 contentions dated April disclosure of this information 19, 2019 would cause harm to Cisco. See 19 Grigg Decl. (Dkt. 491-1) at ¶ 3.

Ex. 5 Email chain including a GRANTED as to The highlighted potions of this 20 3/6/20 Email from J. highlighted document contain confidential 21 Hannah portions at pages 2, technical information and 3, and 10 references to source code related 22 to the accused Cisco products.

Public disclosure of this 23 information would cause harm to Cisco. Redactions are narrowly 24 tailored. See Grigg Decl. (Dkt.

491-1) at ¶ 3.

Ex. 6 2/27/20 Email from J. GRANTED as to The highlighted potions of this 26 Hannah highlighted document contain confidential portions at pages 2, technical information and 27 3, 5 and 6 references to source code related to the accused Cisco products. information would cause harm to 1 Cisco. Redactions are narrowly tailored. See Grigg Decl. (Dkt.

491-1) at ¶ 3.

Dkt. 507: Finjan’s Administrative Motion to File Under Seal Ex. No. Document Portion(s) to Reason(s) for Sealing 6 Seal Plaintiff Finjan, Inc.’s GRANTED as to The highlighted portions of this 7 Opposition To Cisco highlighted document reflect confidential Systems, Inc.’s portions at: information relating to Cisco’s Motion to Strike Page 6, lines 12- products, including confidential Portions of Dr. Nenad 13; Page 10, lines details relating to the design Medvidovic’s 15-16, 17, 19, 20, and operation of Cisco 10 Amended Expert 23, 24. products, including its source Report on code, which, if publicly 11 Infringement of Patent disclosed, could result in No. 7,647,633 competitive harm to Cisco.

Redactions are narrowly 13 tailored. Gregg Decl. (Dkt.

520) at ¶ 3.

Hannah Declaration of James GRANTED as to The highlighted portions of this Declaration In Hannah In Support Of highlighted document reflect confidential Support Of Plaintiff Finjan, Inc.’s portions at: information relating to Cisco’s Plaintiff Finjan, Opposition to Cisco Page 2, lines 23, products, including confidential Inc.’s Systems, Inc.’s 25 details relating to the design Opposition To Motion to Strike and operation of Cisco Cisco Systems, Portions of Dr. Nenad products, including its source Inc.’s Motion to Medvidović Amended code, which, if publicly Strike Portions Expert Report on disclosed, could result in of Dr. Nenad Infringement of Patent competitive harm to Cisco.

Medvidovic’s No. 7,647,633 Redactions are narrowly Amended tailored. Gregg Decl. (Dkt.

Expert Report 520) at ¶ 3.

22 on Infringement of Patent No. 7,647,633 (“Hannah Decl.”)

25 Ex. 1 to Hannah Finjan’s redlined edits GRANTED as to This document reflects Decl. of Dr. Nenad entire document confidential information Medvidović’s relating to Cisco’s products, 27 Amended Expert including confidential details Report on relating to the design and No. 7,647,633 served including its source code, December 13, 2019, which, if publicly disclosed, 2 compared to Dr. could result in competitive Medvidović’s Expert harm to Cisco. Gregg Decl.

3 Report on (Dkt. 520) at ¶ 3.

Infringement of Patent 4 No. 7,647,633 served July 11, 2019 Ex. 2 to Hannah Finjan’s redlined edits GRANTED as to This document reflects Decl. of Dr. Nenad entire document confidential information 7 Medvidović’s relating to Cisco’s products, Amended Expert including confidential details 8 Report on relating to the design and Infringement of Patent operation of Cisco products, No. 7,647,633 served including its source code, 10 March 30, 2020, which, if publicly disclosed, compared to Dr. could result in competitive 11 Medvidović’s Expert harm to Cisco. Gregg Decl.

Report on (Dkt. 520) at ¶ 3.

12 Infringement of Patent No. 7,647,633 served December 13, 2019 Ex. 3 to Hannah Appendix C3 of GRANTED as to This document reflects Decl. Finjan’s Infringement entire document confidential information Contentions, served relating to Cisco’s products, June 22, 2017 including confidential details 17 relating to the design and operation of Cisco products, 18 including its source code, which, if publicly disclosed, 19 could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 4 to Hannah Appendix C1 of GRANTED as to This document reflects Decl. Finjan’s Infringement entire document confidential information Contentions, served relating to Cisco’s products, 23 November 30, 2017 including confidential details relating to the design and operation of Cisco products, 25 including its source code, which, if publicly disclosed, 26 could result in competitive harm to Cisco. Gregg Decl.

27 (Dkt. 520) at ¶ 3.

Ex. 5 to Hannah Appendix C2 of GRANTED as to This document reflects Decl. Finjan’s Infringement entire document confidential information 2 Contentions, served relating to Cisco’s products, November 30, 2017 including confidential details 3 relating to the design and operation of Cisco products, 4 including its source code, which, if publicly disclosed, could result in competitive 6 harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 6 to Hannah Appendix C3 of GRANTED as to This document reflects Decl. Finjan’s Infringement entire document confidential information Contentions, served relating to Cisco’s products, November 30, 2017 including confidential details 10 relating to the design and operation of Cisco products, 11 including its source code, which, if publicly disclosed, 12 could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 7 to Hannah Appendix C4 of GRANTED as to This document reflects Decl. Finjan’s Infringement entire document confidential information Contentions, served relating to Cisco’s products, November 30, 2017 including confidential details 17 relating to the design and operation of Cisco products, 18 including its source code, which, if publicly disclosed, 19 could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 8 to Hannah Appendix C5 of GRANTED as to This document reflects Decl. Finjan’s Infringement entire document confidential information Contentions, served relating to Cisco’s products, 23 November 30, 2017 including confidential details relating to the design and operation of Cisco products, 25 including its source code, which, if publicly disclosed, 26 could result in competitive harm to Cisco. Gregg Decl.

27 (Dkt. 520) at ¶ 3.

Ex. 9 to Hannah Appendix C6 of GRANTED as to This document reflects Decl. Finjan’s Infringement entire document confidential information 2 Contentions, served relating to Cisco’s products, November 30, 2017 including confidential details 3 relating to the design and operation of Cisco products, 4 including its source code, which, if publicly disclosed, could result in competitive 6 harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 10 to Appendix C7 of GRANTED as to This document reflects Hannah Decl. Finjan’s Infringement entire document confidential information Contentions, served relating to Cisco’s products, November 30, 2017 including confidential details 10 relating to the design and operation of Cisco products, 11 including its source code, which, if publicly disclosed, 12 could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 11 to Excerpts from the GRANTED as to This document reflects Hannah Decl. Expert Report of entire document confidential information Nenad Medvidović, relating to Cisco’s products, Ph.D. Regarding including confidential details 17 Infringement by Cisco relating to the design and Systems, Inc. of Patent operation of Cisco products, 18 No. 7,647,633, served including its source code, July 11, 2019 which, if publicly disclosed, 19 could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 12 to Excerpts from the GRANTED as to This document reflects Hannah Decl. transcript of the entire document confidential information deposition of the relating to Cisco’s products, 23 Deposition Transcript including confidential details of Dr. Nenad relating to the design and Medvidović, taken on operation of Cisco products, 25 August 30, 2019 including its source code, which, if publicly disclosed, 26 could result in competitive harm to Cisco. Gregg Decl.

27 (Dkt. 520) at ¶ 3.

Ex. 13 to Excerpts from the GRANTED as to This document reflects Hannah Decl. Second Amended entire document confidential information 2 Expert Report of relating to Cisco’s products, Nenad Medvidović, including confidential details 3 Ph.D. Regarding relating to the design and Infringement by Cisco operation of Cisco products, 4 Systems, Inc. of Patent including its source code, No. 7,647,633, served which, if publicly disclosed, March 30, 2020 could result in competitive 6 harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

Ex. 15 to Excerpts from the GRANTED as to This document reflects Hannah Decl. transcript of the entire document confidential information deposition of Matthew relating to Cisco’s products, Watchinski, taken on including confidential details 10 February 19, 2019 relating to the design and operation of Cisco products, 11 including its source code, which, if publicly disclosed, 12 could result in competitive harm to Cisco. Gregg Decl. (Dkt. 520) at ¶ 3.

16 Dkt. 523: Cisco’s Administrative Motion to File Under Seal Portion(s) to Ex. No. Document Reason(s) for Sealing Seal 18 Defendant Cisco GRANTED Portions of this document contain Systems, Inc.’s Reply in as to confidential technical information 19 Support of Motion to highlighted and source code related to the 20 Strike Portions of portions at: accused Cisco products and Finjan’s Amended page 1 lines 9- Finjan’s expert’s analysis thereof.

21 Expert Report on 10, 15, 17-18; Public disclosure of this Infringement of Patent information would cause harm to 22 No. 7,647,633 page 2 line 28; Cisco. Redactions are narrowly page 3 lines 4, 6, tailored. Decl. (Dkt. 523-1) at ¶ 23 10, 12, 16, 18, 2.

19-20, 22, 24, 24 26, 28; 25 page 4 line 5 I EX. 1 Transcript of the GRANTED as to | This document contains February 19, 2019 entire document | confidential deposition testimony 2 Deposition of Matthew relating to technical information atchinski related to the structure, function 3 and operation of the accused 4 Cisco products. Public disclosure of this information would cause 5 harm to Cisco. Grigg Decl. (Dkt.

523-1) at § 2.

SO ORDERED.

Dated: April 28, 2020 a 12 Sess yeh 1 SUSAN VAN KEULEN United States Magistrate Judge ©

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