Filed: Sep. 27, 2017
Latest Update: Sep. 27, 2017
Summary: ONIMBUS ORDER RE: SEALING MOTIONS Re: ECF 300, 305 BETH LABSON FREEMAN , District Judge . Before the Court are two administrative motions to file under seal, one from Plaintiff Finjan, Inc. ("Finjan") and one from Defendant Blue Coat Systems, LLC ("Blue Coat"). ECF 300, 305. Both relate to the briefing on the parties' motions in limine. See id. For the reasons set forth below, each of the parties' motions is GRANTED IN PART and DENIED IN PART. I. LEGAL STANDARD "Historically, courts ha
Summary: ONIMBUS ORDER RE: SEALING MOTIONS Re: ECF 300, 305 BETH LABSON FREEMAN , District Judge . Before the Court are two administrative motions to file under seal, one from Plaintiff Finjan, Inc. ("Finjan") and one from Defendant Blue Coat Systems, LLC ("Blue Coat"). ECF 300, 305. Both relate to the briefing on the parties' motions in limine. See id. For the reasons set forth below, each of the parties' motions is GRANTED IN PART and DENIED IN PART. I. LEGAL STANDARD "Historically, courts hav..
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ONIMBUS ORDER RE: SEALING MOTIONS
Re: ECF 300, 305
BETH LABSON FREEMAN, District Judge.
Before the Court are two administrative motions to file under seal, one from Plaintiff Finjan, Inc. ("Finjan") and one from Defendant Blue Coat Systems, LLC ("Blue Coat"). ECF 300, 305. Both relate to the briefing on the parties' motions in limine. See id. For the reasons set forth below, each of the parties' motions is GRANTED IN PART and DENIED IN PART.
I. LEGAL STANDARD
"Historically, courts have recognized 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 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are "more than tangentially related to the merits of a case" may be sealed only upon a showing of "compelling reasons" for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed upon a lesser showing of "good cause." Id. at 1097. In addition, sealing motions filed in this district must be "narrowly tailored to seek sealing only of sealable material." Civil L.R. 79-5(b). A party moving to seal a document in whole or in part must file a declaration establishing that the identified material is "sealable." Civ. L.R. 79-5(d)(1)(A). "Reference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable." Id.
II. DISCUSSION
The Court has reviewed the parties' sealing motions and the declarations submitted in support thereof. The Court finds that the parties have articulated compelling reasons and good cause to seal certain portions of the submitted documents. The proposed redactions are also narrowly tailored. The Court's rulings on the sealing requests are set forth in the tables below:
A. ECF 300
ECF Document to Result Reasoning
No. be Sealed
300-4 Finjan's GRANTED as Contains highly confidential technical information
Daubert Motion to highlighted regarding Blue Coat's proprietary technology, and
portions. confidential aspects of Blue Coat's business and
finances. Declaration of Eugene Marder in
Support of Finjan's Administrative Motion to File
Under Seal, ECF 313 ("Marder Sealing Decl.")
¶ 7.
300-6 Finjan's Motion GRANTED as Contains highly confidential information,
in Limine No. 2 to highlighted including financial information and disclosures
portions. regarding confidential aspects of Blue Coat's
business. Marder Sealing Decl. ¶ 5.
300-8 Finjan's Motion GRANTED as Contains highly confidential technical information
in Limine No. 2 to highlighted regarding Blue Coat's proprietary technology, and
portions. confidential aspects of Blue Coat's business and
finances. Marder Sealing Decl. ¶ 6.
301-1 Declaration of DENIED. Does not contain confidential information of either
Hannah Lee in party. Marder Sealing Decl. ¶ 8; Declaration of
Support of Hannah Lee in Support of Finjan's Administrative
Finjan's Motion to File Under Seal, ECF 300-1 ("Lee
Motions Finjan Sealing Decl.") ¶ 3.
in Limine Nos. 1-4
and Daubert
Motion ("Lee
Decl.")
301-3 Ex. 2 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 9. Contains information confidential to
Finjan's business and licensing practices. Lee
Finjan Sealing Decl. ¶ 7.
301-5 Ex. 6 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 10.
301-7 Ex. 7 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 11.
301-9 E Ex. 8 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 12.
301-11 Ex. 9 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 13.
301-13 Ex. 10 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 14.
302-1 Ex. 11 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 15.
302-3 Ex. 12 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive, which is
not publicly disclosed. Marder Sealing Decl. ¶ 16.
302-5 Ex. 13 to Lee DENIED. Does not contain confidential information of either
Decl. party. Marder Sealing Decl. ¶ 17; Lee Finjan
Sealing Decl. ¶ 3.
303-1 Ex. 16 to Lee GRANTED. Contains highly confidential and sensitive
Decl. information about the operation, reporting
functions and infrastructure, and software
components of Blue Coat products, which is not
publicly disclosed. Marder Sealing Decl. ¶ 18.
303-3 Ex. 17 to Lee GRANTED. Contains Blue Coat's sensitive and highly
Decl. confidential financial and competitive information,
which is not publicly disclosed. Marder Sealing
Decl. ¶ 19.
303-5 Ex. 19 to Lee DENIED. Does not contain confidential information of either
Decl. party. Marder Sealing Decl. ¶ 20; Lee Finjan
Sealing Decl. ¶ 3.
B. ECF 305
ECF Document to Result Reasoning
No. be Sealed
305-3 Blue Coat's GRANTED as Contains confidential competitive and financial
Motion to highlighted information. Declaration of Robin L. Brewer in
in Limine No. 1 portions. Support of Blue Coat's Administrative Motion to
File Under Seal, ECF 305-1 ("Brewer Sealing
Decl.") ¶ 8.
305-5 Blue Coat's GRANTED as Contains confidential competitive and financial
Motion to highlighted information. Brewer Sealing Decl. ¶ 8.
in Limine No. 4 portions.
305-7 Blue Coat's GRANTED as Contains confidential competitive and financial
Motion to highlighted information. Brewer Sealing Decl. ¶ 8.
in Limine No. 5 portions.
305-9 Declaration of GRANTED as Contains confidential financial information
Robin L. to highlighted relating to WebPulse revenues. Brewer Sealing
Brewer in portions. Decl. ¶ 9.
Support of Blue
Coat's Motions
in Limine
("Brewer
Decl.")
305-11 Ex. 1 to Brewer GRANTED as Contains confidential competitive and financial
Decl. to highlighted information relating to Blue Coat and Finjan, and
portions. confidential information relating to Blue Coat's
backend systems. Brewer Sealing Decl. ¶ 10;
Declaration of Hannah Lee in Support of Blue
Coat's Administrative Motion to File Under Seal,
ECF 312 ("Lee Blue Coat Sealing Decl.") ¶¶ 4-5.
305-12 Ex. 2 to Brewer GRANTED. Contains confidential competitive and financial
Decl. information relating to Blue Coat and Finjan.
Brewer Sealing Decl. ¶ 11; Lee Blue Coat Sealing
Decl. ¶ 4.
305-13 Ex. 3 to Brewer GRANTED. Contains sensitive and confidential sales and
Decl. revenue information. Brewer Sealing Decl. ¶ 12.
305-14 Ex. 4 to Brewer GRANTED. Contains sensitive and confidential sales and
Decl. revenue information relating to WebPulse revenue.
Brewer Sealing Decl. ¶ 13.
305-15 Ex. 12 to GRANTED as Contains confidential information relating to
Brewer Decl. to p. 14, 11. Finjan's licensing negotiations and license
14-15, 17; p. agreements, as well as confidential information
15, 11.12-13; relating to Finjan's products, their revenues, and
p. 32 ll.22-23; legal analysis of their patented technology. Lee
p. 36, ll.4-5, Blue Coat Sealing Decl. ¶¶ 4-5. The remainder is
7-9, 26; p.39, denied because Finjan has not indicated that those
ll.25; DENIED portions of this document contain confidential
as to information. See id.
the remainder.
305-16 Ex. 53 to GRANTED as Contains confidential information relating to:
Brewer Decl. to p. 8, 11.21-23, Finjan's licensing negotiations and license
p.9, 11.18, agreements; Finjan's products, their revenues, and
25; p. 11,11. legal analysis of their patented technology; and
15, 22; p.13, Finjan's awareness of products and competitors.
11.10-11, 13-15; Lee Blue Coat Sealing Decl. ¶¶ 4-6. The
p.16, 11.20; remainder is denied because Finjan has not
DENIED as to indicated that those portions of this document
the remainder. contain confidential information. See id.
305-17 Ex. 54 to GRANTED. Contains Blue Coat confidential and proprietary
Brewer Decl. competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
305-18 Ex. 55 to GRANTED. Contains Blue Coat confidential and proprietary
Brewer Decl. competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
305-19 Ex. 56 to GRANTED. Contains Blue Coat confidential technical and
Brewer Decl. competitive information. Brewer Sealing Decl.
¶ 16.
305-20 Ex. 57 to GRANTED. Contains Blue Coat confidential technical and
Brewer Decl. competitive information. Brewer Sealing Decl.
¶ 16.
305-21 Ex. 58 to GRANTED. Contains Blue Coat confidential technical and
Brewer Decl. competitive information. Brewer Sealing Decl.
¶ 16.
305-22 Ex. 60 to GRANTED. Contains Blue Coat confidential technical and
Brewer Decl. competitive information. Brewer Sealing Decl.
¶ 16. Contains confidential information relating to
Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-23 Ex. 61 to GRANTED. Contains Blue Coat confidential technical and
Brewer Decl. competitive information. Brewer Sealing Decl.
¶ 16. Contains confidential information relating to
Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-24 Ex. 62 to GRANTED. Contains Blue Coat confidential technical and
Brewer Decl. competitive information. Brewer Sealing Decl.
¶ 16. Contains confidential information relating to
Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-25 Ex. 63 to GRANTED. Contains Blue Coat confidential and proprietary
Brewer Decl. competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
305-26 Ex. 64 to GRANTED. Contains Blue Coat confidential and proprietary
Brewer Decl. competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
305-27 Ex. 65 to GRANTED. Contains Blue Coat confidential and proprietary
Brewer Decl. competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
305-28 Ex. 66 to GRANTED. Contains Blue Coat confidential and proprietary
Brewer Decl. competitive information and technical information.
Brewer Sealing Decl. ¶ 15.
305-29 Ex. 86 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-30 Ex. 87 to GRANTED. Contains confidential competitive and financial
Brewer Decl. information relating to Blue Coat. Brewer Sealing
Decl. ¶ 10. Contains confidential information
relating to Finjan's licensing negotiations and
license agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-31 Ex. 88 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-32 Ex. 89 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-33 Ex. 90 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-34 Ex. 91 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-35 Ex. 92 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-36 Ex. 93 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-37 Ex. 94 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-38 Ex. 95 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-39 Ex. 96 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-40 Ex. 97 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-41 Ex. 98 to GRANTED. Contains confidential information relating to
Brewer Decl. Finjan's licensing negotiations and license
agreements. Lee Blue Coat Sealing Decl. ¶ 4.
305-42 Ex. 118 to GRANTED. Contains confidential competitive and financial
Brewer Decl. information relating to Blue Coat. Brewer Sealing
Decl. ¶ 10.
III. ORDER
For the reasons set forth below, each of the parties' motions is GRANTED IN PART and DENIED IN PART. Under Civil Local Rule 79-5(e)(2), for any request that has been denied because the party designating a document as confidential or subject to a protective order has not provided sufficient reasons to seal, the submitting party must file the unredacted (or lesser redacted) documents into the public record no earlier than 4 days and no later than 10 days from the filing of this order.
IT IS SO ORDERED.