Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 1 of 28
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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 LLC,
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`Plaintiff,
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`v.
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`SONICWALL, INC.,
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`Defendant.
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`Case No. 17-cv-04467-BLF
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`OMNIBUS ORDER RE: SEALING
`MOTIONS AT ECF 299, 314, 331
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`Before the Court are administrative motions filed by Plaintiff Finjan, Inc. (“Finjan”) and
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`Defendant SonicWall, Inc. (“SonicWall”) to file under seal portions of their briefs and exhibits in
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`connection with SonicWall’s Motion to Strike (at ECF 300). For the reasons stated below, (1)
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`SonicWall’s Administrative Motion to File Under Seal at ECF 299 is GRANTED, (2) Finjan’s
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`Administrative Motion to File Under Seal at ECF 314 is GRANTED, and (3) SonicWall’s
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`Administrative Motion to File Under Seal at ECF 331 is GRANTED.
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`I. LEGAL STANDARD
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`“Historically, courts have recognized a ‘general right to inspect and copy public records and
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`documents, including judicial records and documents.’” Kamakana v. City & Cty. Of Honolulu, 447
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`F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 & n.
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`7 (1978)). Accordingly, when considering a sealing request, “a ‘strong presumption in favor of
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`access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122,
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`1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to motions that are “more than
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`tangentially related to the underlying cause of action” bear the burden of overcoming the
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`presumption with “compelling reasons” that outweigh the general history of access and the public
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`policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir.
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 2 of 28
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`2016); Kamakana, 447 F.3d at 1178–79.
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`However, “while protecting the public’s interest in access to the courts, we must remain
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`mindful of the parties’ right to access those same courts upon terms which will not unduly harm
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`their competitive interest.” Apple Inc. v. Samsung Elecs. Co., Ltd., 727 F.3d 1214, 1228–29 (Fed.
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`Cir. 2013). Records attached to motions that are “not related, or only tangentially related, to the
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`merits of a case” therefore are not subject to the strong presumption of access. Ctr. for Auto Safety,
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`809 F.3d at 1099; see also Kamakana, 447 F.3d at 1179 (“[T]he public has less of a need for access
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`to court records attached only to non-dispositive motions because those documents are often
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`unrelated, or only tangentially related, to the underlying cause of action.”). Parties moving to seal
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`the documents attached to such motions must meet the lower “good cause” standard of Rule 26(c).
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`Kamakana, 447 F.3d at 1179 (internal quotations and citations omitted). This standard requires a
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`“particularized showing,” id., that “specific prejudice or harm will result” if the information is
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`disclosed. Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1210–11 (9th Cir.
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`2002); see Fed. R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated by specific examples
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`of articulated reasoning” will not suffice. Beckman Indus., Inc. v. Int’l Ins. Co., 966 F.2d 470, 476
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`(9th Cir. 1992). A protective order sealing the documents during discovery may reflect the court’s
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`previous determination that good cause exists to keep the documents sealed, see Kamakana, 447
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`F.3d at 1179–80, but a blanket protective order that allows the parties to designate confidential
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`documents does not provide sufficient judicial scrutiny to determine whether each particular
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`document should remain sealed. See 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.”).
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`In addition to making particularized showings of good cause, parties moving to seal
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`documents must comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R.
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`79-5(b), a sealing order is appropriate only upon a request that establishes the document is
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`“sealable,” or “privileged or protectable as a trade secret or otherwise entitled to protection under
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`the law.” “The request must be narrowly tailored to seek sealing only of sealable material, and must
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`conform with Civil L.R. 79-5(d).” Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 3 of 28
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`submitting party to attach a “proposed order that is narrowly tailored to seal only the sealable
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`material” which “lists in table format each document or portion thereof that is sought to be sealed,”
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`Civ. L.R. 79-5(d)(1)(b), and an “unredacted version of the document” that indicates “by highlighting
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`or other clear method, the portions of the document that have been omitted from the redacted
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`version.” Civ. L.R. 79-5(d)(1)(d). “Within 4 days of the filing of the Administrative Motion to File
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`Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A)
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`establishing that all of the designated material is sealable.” Civ. L.R. 79-5(e)(1).
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`II. DISCUSSION
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`The Court has reviewed the parties’ sealing motions and the declarations of the designating
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`parties submitted in support thereof. The Court’s rulings on the sealing requests are set forth in the
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`tables below. Where the designating party has requested sealing, the Court finds that the parties
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`have articulated compelling reasons to seal certain portions of the submitted documents and the
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`proposed redactions are generally narrowly tailored.
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`A. ECF 299, Sealing Motion Related to SonicWall’s Motion to Strike
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`ECF or Exh.
`No.
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`ECF 300
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`Document
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`Ruling
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`Reasoning
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`Defendant SonicWall
`Inc.’s Motion to Strike
`New Theories in
`Finjan’s Expert Reports
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`GRANTED as to
`highlighted portions at:
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`Page 2, lines 3-9, 11-12,
`14-15;
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`Page 3, lines 16-18, 20-
`24, 26;
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`Page 4, lines 11, 18-20;
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`Page 5, lines 13-14, 20-
`24;
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`Page 6, lines 20-26;
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`Page 10, lines 21-23.
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`3
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`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`or “Highly Confidential
`– Attorney’s Eyes Only
`– Source Code”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 4 of 28
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`operation of
`SonicWall’s proprietary
`products. See
`Declaration of Nicole E.
`Grigg in Support of
`Administrative Motion
`to File Documents
`Under Seal (“Grigg
`Declaration”) ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`
`Ex. A
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix G-2
`
`GRANTED as to entire
`document.
`
`Ex. B
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix G-3
`
`GRANTED as to entire
`document.
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 5 of 28
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`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`
`Ex. C
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix G-4
`
`GRANTED as to entire
`document.
`
`Ex. D
`
`10-2-2020 Email from
`J. Wolff to R. McGrath
`
`GRANTED as to entire
`document.
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 6 of 28
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`products. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`
`
`
`Ex. E
`
`GRANTED as to entire
`document.
`
`Excerpts from the
`EXPERT REPORT OF
`DR. NENAD
`MEDVIDOVIĆ
`REGARDING
`INFRINGEMENT BY
`SONICWALL, INC.
`OF PATENT NOS.
`8,225,408; 7,975,305;
`AND 8,141,154
`
`Ex. F
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix E-2
`
`GRANTED as to entire
`document.
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 7 of 28
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`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`
`
`Ex. G
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix D-1
`
`GRANTED as to entire
`document.
`
`Ex. H
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix D-2
`
`GRANTED as to entire
`document.
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 8 of 28
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`
`
`Ex. I
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix D-3
`
`GRANTED as to entire
`document.
`
`Ex. J
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix D-4
`
`GRANTED as to entire
`document.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`Ex. K
`
`Excerpts from the
`EXPERT REPORT OF
`
`GRANTED as to entire
`
`This document reflects
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 9 of 28
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`
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`document.
`
`MICHAEL
`MITZENMACHER,
`PH.D. REGARDING
`INFRINGEMENT BY
`SONICWALL, INC.
`OF PATENT NOS.
`6,804,780; 6,965,968;
`AND 7,613,926
`
`Ex. L
`
`Excerpts from Finjan’s
`Fourth Supplemental
`Infringement
`Contentions –
`Appendix H-2
`
`GRANTED as to entire
`document.
`
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`Ex. M
`
`Excerpts from Finjan’s
`Fourth Supplemental
`Infringement
`
`GRANTED as to entire
`document.
`
`This document reflects
`information that
`SonicWall has
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`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 10 of 28
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`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products. See Grigg
`Declaration ¶¶ 2-5.
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`
`
`
`Contentions –
`Appendix H-4
`
`Ex. O
`
`07-23-2020 Email from
`J. Hannah to D. Dotson
`(5:19 P.M.)
`
`GRANTED as to
`highlighted portion at:
`
`Page 2.
`
`Ex. P
`
`07-24-2020 Email from
`J. Hannah to D. Dotson
`(8:20 P.M.)
`
`GRANTED as to
`highlighted portions at:
`
`Page 2 (graphic);
`
`Page 4.
`
`10
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`1
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`2
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`3
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`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 11 of 28
`
`
`
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products. See Grigg
`Declaration ¶¶ 2-5.
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products. See Grigg
`Declaration ¶¶ 2-5.
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`
`Ex. R
`
`07-13-2020 Email from
`D. Dotson to J. Hannah
`(10:08 A.M.)
`
`GRANTED as to
`highlighted portion at:
`
`Page 1.
`
`Ex. S
`
`07-23-2020 Email from
`D. Dotson and J.
`Hannah (5:21 P.M.)
`
`GRANTED as to
`highlighted portion at:
`
`Page 2.
`
`11
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`2
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`3
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`
`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 12 of 28
`
`
`
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products. See Grigg
`Declaration ¶¶ 2-5.
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products. See Grigg
`Declaration ¶¶ 2-5.
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products. See Grigg
`Declaration ¶¶ 2-5.
`
`Ex. T
`
`07-24-2020 Email from
`D. Dotson to J. Hannah
`(3:43 P.M.)
`
`GRANTED as to
`highlighted portions at:
`
`Page 2 (graphic);
`
`Page 3;
`
`Page 4.
`
`Ex. U
`
`07-24-2020 Email from
`J. Hannah to D. Dotson
`(5:48 P.M.)
`
`GRANTED as to
`highlighted portions at:
`
`Page 2 (graphic);
`
`Page 4.
`
`12
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`1
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`2
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`3
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`4
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`28
`
`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 13 of 28
`
`The highlighted
`portions of this
`document reflect
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`pursuant to the
`Stipulated Protective
`Order. If filed publicly,
`this confidential
`information could be
`used to SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`
`
`
`Ex. V
`
`07-23-2020 Email from
`D. Dotson to J. Hannah
`(3:12 P.M.)
`
`GRANTED as to
`highlighted portion at
`page 2.
`
`Ex. X
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`Appendix H-1
`
`GRANTED as to entire
`document.
`
`Ex. Y
`
`Excerpts from Finjan’s
`Third Supplemental
`Infringement
`Contentions –
`
`GRANTED as to entire
`document.
`
`13
`
`1
`
`2
`
`3
`
`4
`
`5
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`6
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`10
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`11
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`28
`
`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 14 of 28
`
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`This document reflects
`information that
`SonicWall has
`designated as “Highly
`Confidential –
`Attorneys’ Eyes Only”
`and “Highly
`Confidential –
`Attorneys’ Eyes Only -
`Source Code” pursuant
`to the Stipulated
`Protective Order. If
`filed publicly, this
`confidential information
`could be used to
`SonicWall’s
`disadvantage by
`competitors as it
`concerns the
`identification,
`organization, and or
`operation of
`SonicWall’s proprietary
`products, including its
`source code. See Grigg
`Declaration ¶¶ 2-5.
`
`
`
`Appendix H-5
`
`GRANTED as to entire
`document.
`
`Ex. Z
`
`Excerpts from the
`EXPERT REPORT OF
`DR. ERIC COLE
`REGARDING
`TECHNOLOGY
`TUTORIAL
`AND
`INFRINGEMENT BY
`SONICWALL,
`INC. OF PATENT
`NOS. 6,154,844;
`7,058,822; 7,647,633;
`AND 8,677,494
`
`14
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`3
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`4
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`28
`
`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 15 of 28
`
`
`
`
`
`B. ECF 314, Sealing Motion Related to Finjan’s Opposition to SonicWall’s Motion
`to Strike
`
`
`
`ECF or
`Exh. No.
`ECF 313
`
`Document
`
`Ruling
`
`Reasoning
`
`Finjan’s Opposition to
`SonicWall’s Motion to
`Strike Finjan’s Expert
`Reports
`
`GRANTED as to
`highlighted portions
`at:
`page 2, lines 12, 20-
`25;
`page 3, lines 1-7, 11-
`13;
`page 4, lines 14-21,
`23-26;
`page 5, lines 6-12, 14;
`page 6, lines 3-10;
`page 7, lines 1-2, 5,
`16-17;
`page 8, lines 6-7, 13-
`17, 21-22;
`page 9, lines 8, 10-18,
`20-21, 26-27;
`page 10, lines 1-3, 7-
`8, 17-20.
`
`
`15
`
`The highlighted portions of
`this document reflect
`information that SonicWall
`has designated as “Highly
`Confidential –Attorneys’
`Eyes Only” or “Highly
`Confidential – Attorneys’
`Eyes Only – Source Code”
`pursuant to the Stipulated
`Protective Order, and from
`which confidential
`information regarding
`SonicWall’s accused
`products could be
`potentially discerned.
`See Declaration of K. Nicole
`Williams in Support of
`Administrative Motion to
`File Documents Under Seal
`(“Williams Sealing Decl.”)
`¶ 3.
`
`Specifically, the identified
`passages include references
`to SonicWall’s source code
`and technical specifications
`as well as Finjan’s expert
`reports and infringement
`contentions, all of which
`contain information that
`SonicWall has designated
`as “Highly Confidential –
`Attorneys’ Eyes Only” or
`“Highly Confidential –
`Attorneys’ Eyes Only –
`Source Code” pursuant to
`the Protective Order. See
`Declaration of Nicole E.
`Grigg In Support of Plaintiff
`Finjan, Inc.’s Administrative
`Motion to File Documents
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
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`10
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`12
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`13
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`14
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`22
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`24
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`25
`
`26
`
`27
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`28
`
`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 16 of 28
`
`Under Seal (“Grigg
`Declaration”), ECF 316 ¶ 3.
`This document reflects
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’
`Eyes Only – Source Code”
`pursuant to the Stipulated
`Protective Order, and from
`which confidential
`information regarding
`SonicWall’s accused
`products could be
`potentially discerned. See
`Williams Sealing Decl. ¶ 4.
`
`Specifically, Exhibit B
`contains excerpts from
`Finjan’s expert reports or
`infringement contentions
`which cite to and quote
`SonicWall’s confidential
`technical information that
`SonicWall has designated as
`“Confidential – Attorneys’
`Eyes Only” and
`“Confidential – Attorneys’
`Eyes only – Source Code”
`pursuant to the Protective
`Order. See Grigg
`Declaration ¶ 3.
`This document reflects
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’
`Eyes Only – Source Code”
`pursuant to the Stipulated
`Protective Order, and from
`which confidential
`information regarding
`SonicWall’s accused
`products could be
`potentially discerned. See
`Williams Sealing Decl. ¶ 4.
`
`
`
`Exh. B
`
`GRANTED as to
`entire document.
`
`Excerpts from
`Appendix G-2 to
`Finjan’s Third
`Supplemental
`Disclosure of Asserted
`Claims and
`Infringement
`Contentions and
`Document Production
`Pursuant to Patent L.R.
`3-1 and 3-2, dated
`December 11, 2019
`(“Third Supplemental
`Infringement
`Contentions”)
`
`GRANTED as to
`entire document.
`
`Exh. C
`
`Excerpts from the
`Expert Report of Dr.
`Nenad Medvidovic
`Regarding
`Infringement by
`SonicWall Inc. of
`Patent Nos. 8,225,408;
`7,975,305; and
`8,141,154, dated
`September 3, 2020
`
`16
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`2
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`3
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`4
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`6
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`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 17 of 28
`
`
`
`
`Specifically, Exhibit C
`contains excerpts from
`Finjan’s expert reports or
`infringement contentions
`which cite to and quote
`SonicWall’s confidential
`technical information that
`SonicWall has designated as
`“Confidential – Attorneys’
`Eyes Only” and
`“Confidential – Attorneys’
`Eyes only – Source Code”
`pursuant to the Protective
`Order. See Grigg
`Declaration ¶ 3.
`This document reflects
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’
`Eyes Only – Source Code”
`pursuant to the Stipulated
`Protective Order, and from
`which confidential
`information regarding
`SonicWall’s accused
`products could be
`potentially discerned. See
`Williams Sealing Decl. ¶ 4.
`
`Specifically, Exhibit D
`contains excerpts from
`Finjan’s expert reports or
`infringement contentions
`which cite to and quote
`SonicWall’s confidential
`technical information that
`SonicWall has designated as
`“Confidential – Attorneys’
`Eyes Only” and
`“Confidential – Attorneys’
`Eyes only – Source Code”
`pursuant to the Protective
`Order. See Grigg
`Declaration ¶ 3.
`This document reflects
`
`GRANTED as to
`entire document.
`
`Exh. D
`
`Excerpts from
`Appendix G-4 to
`Finjan’s Third
`Supplemental
`Disclosure
`Infringement
`Contentions, dated
`December 11, 2019
`
`Exh. E
`
`Excerpts from
`
`GRANTED as to
`
`17
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
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`9
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`10
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`11
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`13
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`19
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`22
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`24
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`25
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`26
`
`27
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`28
`
`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 18 of 28
`
`
`
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” and “Highly
`Confidential – Attorneys’
`Eyes Only – Source Code”
`pursuant to the Stipulated
`Protective Order, and from
`which confidential
`information regarding
`SonicWall’s accused
`products could be
`potentially discerned. See
`Williams Sealing Decl. ¶ 4.
`
`Specifically, Exhibit E
`contains excerpts from
`Finjan’s expert reports or
`infringement contentions
`which cite to and quote
`SonicWall’s confidential
`technical information that
`SonicWall has designated as
`“Confidential – Attorneys’
`Eyes Only” and
`“Confidential – Attorneys’
`Eyes only – Source Code”
`pursuant to the Protective
`Order. See Grigg
`Declaration ¶ 3.
`This document reflects
`information SonicWall has
`designated “Highly
`Confidential – Attorneys’
`Eyes Only” pursuant to the
`Stipulated Protective Order,
`and from which confidential
`information regarding
`SonicWall’s accused
`products could be
`potentially discerned. See
`Williams Sealing Decl. ¶ 5.
`
`Specifically, Exhibit F
`contains excerpts from
`Finjan’s expert reports or
`infringement contentions
`which cite to and quote
`
`entire document.
`
`Appendix G-3 to
`Finjan’s Third
`Supplemental
`Disclosure
`Infringement
`Contentions, dated
`December 11, 2019
`
`GRANTED as to
`entire document.
`
`Exh. F
`
`Excerpts from
`Appendix G-2 to
`Finjan’s First
`Supplemental
`Disclosure of Asserted
`Claims and
`Infringement
`Contentions and
`Document Production
`Pursuant to Patent L.R.
`3-1 and 3-2, dated
`November 9, 2018
`(“First Supplemental
`Infringement
`Contentions”)
`
`18
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
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`12
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`13
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`14
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`15
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`16
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`17
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`22
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`23
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`25
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`26
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`27
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`28
`
`Northern District of California
`
`United States District Court
`
`

`

`Case 5:17-cv-04467-BLF Document 391 Filed 03/09/21 Page 19 of 28
`
`
`
`SonicWall’s confidential
`technical information that
`SonicWall has designated as
`“Confidential – Attorneys’
`Eyes Only” and
`“Confidential – Attorneys’
`Eyes only – Source Code”
`pursuant to the Protective
`Order. See Grigg
`Declara