Filed: Aug. 24, 2016
Latest Update: Aug. 24, 2016
Summary: OMNIBUS ORDER REGARDING SEALING MOTIONS TO MOTIONS FOR SUMMARY JUDGMENT [Re: ECF 331, 371, 378, 393, 396] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' motions for summary judgment. ECF 331, 371, 378, 393, 396. For the reasons stated below, the motions are GRANTED IN PART AND DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a
Summary: OMNIBUS ORDER REGARDING SEALING MOTIONS TO MOTIONS FOR SUMMARY JUDGMENT [Re: ECF 331, 371, 378, 393, 396] BETH LABSON FREEMAN , District Judge . Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' motions for summary judgment. ECF 331, 371, 378, 393, 396. For the reasons stated below, the motions are GRANTED IN PART AND DENIED IN PART. I. LEGAL STANDARD "Historically, courts have recognized a `..
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OMNIBUS ORDER REGARDING SEALING MOTIONS TO MOTIONS FOR SUMMARY JUDGMENT
[Re: ECF 331, 371, 378, 393, 396]
BETH LABSON FREEMAN, District Judge.
Before the Court are the parties' administrative motions to file under seal portions of their briefing and exhibits in connection with the parties' motions for summary judgment. ECF 331, 371, 378, 393, 396. For the reasons stated below, the motions are 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 and 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 respective declarations in support thereof. The Court finds the parties have articulated compelling reasons to seal certain portions of most of the submitted documents. The proposed redactions are also narrowly tailored. The Court's rulings on the sealing request are set forth in the tables below:
A. ECF 331
Identification of Documents Description of Documents Court's Order
to be Sealed
Exhibit 10 to the Declaration 362:16-371:16 of this GRANTED as to 362:16-of
Eduardo E. Santacana In deposition excerpt represents 371:16 and DENIED as to
Support of Defendant Arista source code from a third party remainder.
Networks, Inc.'s Motion For and is related to source code
Partial Summary Judgment for Cisco products
Exhibit 11 to the Declaration 55:2-56:18 and 157:8-159:17 GRANTED as to 55:2-56:18
of Eduardo E. Santacana In of this deposition excerpt and 157:8-159:17 and
Support of Defendant Arista represents discussion about DENIED as to remainder.
Networks, Inc.'s Motion For source code from a third party
Partial Summary Judgment as related to Cisco's products
as well as a discussion of the
confidential development of
Cisco's product architecture.
Exhibit 17 to the Declaration Contains a confidential GRANTED
of Eduardo E. Santacana In discussion of the development
Support of Defendant Arista of Cisco's product architecture
Networks, Inc.'s Motion For
Partial Summary Judgment
Exhibits 1-3, 7-9, 16, 18, 19, The designating party, Cisco, DENIED.
and 22-24 to the Declaration does not seek the sealing of
of Eduardo E. Santacana In these exhibits.
Support of Defendant Arista
Networks, Inc.'s Motion For
Partial Summary Judgment
B. ECF 371
Identification of Documents Description of Documents Court's Order
to be Sealed
Cisco's Opposition to Arista's Quotes from or cites below GRANTED to the extent it
Motion for Partial Summary exhibits quotes or cites information
Judgment that has been allowed to be
filed under seal and DENIED
as to remainder.
Exhibit 1 to the Declaration Excerpted testimony from GRANTED as to 235:1-of
John M. Neukom in Page 235, line 1 through Page 236:3, 237 and DENIED as
Support of Cisco's 236, line 3 discusses a to remainder.
Opposition to Arista's Motion confidential, non-public
for Partial Summary internal communication
Judgment between Arista support
engineers regarding the
Company's customer support
and documentation policies
and priorities, and Page 237
discusses non-public
information regarding
Arista's technical support
system and a discloses a
particular "bug" submission
in that internal system
Exhibit 2 to the Neukom These emails specifically GRANTED
Declaration discuss several prospective
customers' use of particular
networking equipment makes
and models (and identify
those non-parties by name),
those customers' preferences
regarding the features on their
equipment, and the
investments made by those
customers on those features.
The email chain also
discloses Arista's internal
strategies regarding its sales
efforts directed towards those
clients, and confidential
product
development/roadmap
information about Arista's
products.
Exhibit 3 to the Neukom The email itself GRANTED as to attachments
Declaration (ARISTANDCA12228912) and DENIED as to
does not need to be sealed, remainder.
but there are compelling
reasons to seal the
attachments to the email
(ARISTANDCA12228913 to
ARISTANDCA12228928)
because they disclose Arista's
highly confidential customer
sales/solicitation scripts,
including specific
responses that Arista sales
personnel will provide to
particular sales/solicitation
scenarios, and Arista's sales
strategies for particular types
of customers
Exhibit 4 to the Neukom The email chain discusses GRANTED
Declaration and reveals the detailed
results of private and
comprehensive testing of
Arista networking products.
Exhibit 36 to the Neukom It sets forth in detail the GRANTED
Declaration strategic and technical
roadmap, including policies,
justifications, and approaches
for the design, development,
and architecture of Arista's
networking devices. This
includes highly confidential
strategies for improving
Arista's products over
competing products, and
comments about various
design decisions and their
advantages.
Exhibit 37 to the Neukom The email chain discusses the GRANTED
Declaration development of specific
functionality in Arista's
products and the internal
strategic decisionmaking
behind Arista's development
of that product. There are
compelling reasons to seal the
entire exhibit because the
email chain reveals the
various design considerations
underlying the development
of a feature in Arista's
products, and Arista
maintains its product
development process
(including why certain
engineering decisions were
made) as highly confidential.
Exhibit 51 to the Neukom Page 217, lines 21 through GRANTED as to 217:21-25
Declaration 25, refers to testimony and DENIED as to
regarding the design and remainder.
development of a specifically
identified feature of Arista's
products, and Arista
maintains that information
about its specific design
decisions as highly
confidential
Exhibit 52 to the Neukom Arista does not seek to file DENIED
Declaration this exhibit under seal
Exhibit 53 to the Neukom Arista does not seek to file DENIED
Declaration this exhibit under seal
Exhibit 46 to the Neukom Arista seeks to seal is on page GRANTED as to 16:2-26 and
Declaration 16, lines 2 through 26, which DENIED as to remainder.
provides Cisco's observations
based upon its review of
Arista's source code
Exhibit 6 to the Neukom Highlighted portions of this GRANTED
Declaration exhibit includes Cisco's
confidential source code
Exhibit 9 to the Neukom Discusses confidential GRANTED
Declaration information about the
development and security of
Cisco's products.
Exhibit 1 to the Declaration Last two lines of page 29 and GRANTED as to the specific
of Kevin Almeroth in Support the first two lines of page 30 portions mentioned in
of Cisco's Opposition to disclose the contents of an preceding column and
Arista's Motion for Partial internal and confidential DENIED as to remainder.
Summary Judgment Arista design document that
pertains to the development
of its products.
The highlighted portions of
Paragraph 78 on page 31
disclose the substance of, and
quote directly from,
confidential customer
communications by Arista
relating to product support
and both product and
documentation development
The highlighted portions of
Paragraph 79 on pages 31 and
32 disclose the substance of,
and quote directly from,
confidential internal
communications by Arista
relating to product support
and documentation
development.
Paragraphs 83-86 contain
Cisco's confidential source
code.
Page 49 contains confidential
information regarding
networking equipment used
by Arista's customers.
Highlighted portions of
Paragraph 118 on page 56
disclose internal and
confidential Arista
communications regarding
feature-specific product
development decisions and
customer support
communications relating to
Arista products.
Paragraphs 138 and 142,
including the excerpted
deposition transcripts and
images taken from highly
confidential Arista documents
that are a part of those
paragraphs, should be sealed
in their entirety because they
discuss and reveal multiple
details regarding Arista's
non-public, internal
competitive testing and
analysis procedures
underlying Arista's product
design and development
Highlighted portions of
Paragraphs 147 and 148,
including each of the bullet
points on pages 71 through 77
(which are part of Paragraph
148), should be sealed
because they discuss the
design and development of
specific features of Arista's
products, and Arista
maintains that information
about its specific design
decisions as highly
confidential.
Footnote 102 should be
sealed because it quotes
testimony from an Arista
engineer regarding the design
and development of a
specifically identified feature
of Arista's products.
Similarly, Footnote 118
should be sealed because it
quotes testimony from a
highly confidential internal
Arista communication that
discusses the design and
development of a specifically
identified feature of Arista's
products.
Paragraphs 149 through 151,
including the excerpted
graphics in Paragraphs 150
and 151, should be sealed
because they discuss the
results of a highly
confidential product
comparison analysis
conducted by Arista.
Paragraph 152 and the
excerpted images within it
(which extend to the top of
page 80) should be sealed
because they reveal the
results of a highly
confidential competitive
analysis performed by Arista
regarding the preferences of
its customers, and also
discuss particular tracking
documents that are part of
Arista's internal development
and design process.
The images shown in
Paragraphs 170 and 171
should be sealed because they
reveal confidential
information about the
development of certain
accused features of Arista's
products (image in Paragraph
170, at the top of page 89),
and about Arista's source
code (image in Paragraph
171, at the top of page 90).
The excerpted deposition
testimony of Adam Sweeney
in Paragraph 195 and 196
(which extends from the
bottom of page 103 to the top
of page 104) should be sealed
because it discusses the non-public
details of a particular
technical support request for
an Arista product, and
Arista's internal process for
resolving the request.
The highlighted portion of
Paragraph 203 should be
sealed because it discusses
highly confidential
information and cites from an
internal, non-public Arista
document regarding the
development of a particular
aspect of the Arista product.
The highlighted portions of
Paragraphs 219 and 220, and
the excerpted images within
Paragraph 219 (which extend
from pages 113 to 115)
should be sealed because they
reveal (and excerpt) highly
confidential sales materials
created by Arista for a non-public
presentation to a
particular prospective
customer, and therefore
reveal Arista's internal
competitive sales strategies.
The following portions of
Paragraph 237 should be
sealed: (1) The excerpted
deposition testimony of
Arista employee Kenneth
Duda from page 145, line 14
to page 146, line 20 of the
transcript excerpt. That
portion of the excerpted Duda
deposition transcript
discusses Arista's internal
customer intelligence
regarding customer
preferences in particular
market segments, and the
benefits of certain
development approaches
taken by Arista vis-à-vis that
intelligence. (2) The entire
excerpted deposition
testimony of Arista employee
Anshul Sadana. The
excerpted Sadana deposition
transcript discusses Arista's
internal customer intelligence
regarding customer
preferences, and the benefits
of certain development
approaches taken by Arista
vis-à-vis that intelligence.
The following portions of
Paragraph 238 should be
sealed: The excerpted
deposition testimony of
Arista employee Kenneth
Duda from page 176, line 14
to page 177, line 8 of the
transcript should be sealed
because it discusses
confidential information
regarding networking
equipment used by Arista's
customers.
The bullet points in
Paragraph 240 should be
sealed because they quote
from highly confidential
internal Arista development
documents that discuss the
strategic decisions underlying
the development and
architecture of Arista
products.
Paragraph 241 should be
sealed because it reveals
internal and highly sensitive
customer intelligence about
the usage of particular
features in Arista's products
by its customers, which could
be used by competitors for
purposes of developing
features on their own
products.
The sentence in Paragraph
250 that starts with "For
example, ...." should be
sealed because it quote from
highly confidential internal
Arista development document
discussing the strategic
decisions underlying the
development and architecture
of Arista products.
Exhibit 2 to the Almeroth Footnote 106 on Page 60, GRANTED as to the specific
Declaration which reproduces testimony portions mentioned in
from the Rule 30(b)(6) preceding column and
deposition of Arista employee DENIED as to remainder.
Anshul Sadana, should be
sealed because it reveals
non-public and highly
confidential information
about the impact of specific
features in Arista's products
on Arista's sales cycles
The highlighted text in
Paragraph 138, sub-sections
(a), (c), (d), (e), (g), (h), (i),
(j) are excerpts from highly
confidential internal Arista
documents and
communications that discuss
internal design and
development decisions and
strategic reasons regarding
specific aspects of Arista's
products.
The quoted text pulls in
Paragraph 143 are excerpts
from highly confidential
internal Arista documents and
communications that discuss
internal design and
development decisions and
strategic reasons regarding
specific aspects of Arista's
products. Arista does not
seek to seal the first sentence
of Paragraph 143, which
broadly characterizes the text
pulls.
Paragraph 144, including the
excerpted image, should be
sealed in its entirety because
it discusses the results of a
highly confidential product
comparison analysis
conducted by Arista
The quoted text pull in
Paragraph 146 is an excerpt
from a highly confidential
internal Arista document that
discusses internal design and
development decisions and
strategic reasons regarding
specific aspects of Arista's
products. Given the
sensitivity of Arista's
confidential product design
and development
decisionmaking processes,
that portion of Paragraph 146
should be sealed.
In Paragraph 147, the second
sentence (starting with "In
2010 ...") through to the
sentence that starts with
"Arista's CEO ..." should be
sealed because they discuss
and excerpt material from
internal Arista
communications that reveal
Arista's strategic decision-making
regarding customer
preferences/complaints and
the development of user
documentation.
The bullet points in
Paragraph 149 should be
sealed because they quote
directly from internal Arista
documents and
communications that reveal
customer intelligence
regarding customer
preferences, the benefits that
customers receive from
particular aspects of Arista's
products, and Arista's sales
and marketing strategies with
respect to those preferences
and benefits.
Paragraph 154 and footnote
168 should be sealed in their
entirety because they reveal
highly confidential
information regarding the
development and features of
future releases of Arista's
products.
Paragraph 160 should be
sealed in its entirety because
it discusses the same highly
confidential comparative
study between Arista's
products and competing
products that is discussed in
Paragraph 144 of this same
exhibit (which Arista also
seeks to seal), and Arista's
conclusions and strategic use
of that internal research. It
also discloses Arista's
sensitive competitive sales
strategies with respect to
communications to
prospective customers
regarding product
differentiation.
Paragraphs 164-166
contain confidential
information about the
technology and architecture
of Cisco's products.
Exhibit 3 to the Almeroth Includes source code. GRANTED
Declaration
Exhibit 1 to the Declaration Footnote 3 of this exhibit GRANTED as to the specific
of Kevin Jeffay in Support of should be sealed in its portions mentioned in
Cisco's Opposition to Arista's entirety because it reveals preceding column and
Motion for Partial Summary highly confidential DENIED as to remainder
Judgment information, and includes
excerpts from the deposition
testimony of an Arista
engineer, regarding sensitive
and non-public aspects of the
source code underlying
Arista's products.
Paragraph 80 of this exhibit
should be sealed in its
entirety because it reveals
highly confidential
information regarding non-public
and sensitive source
code underlying Arista's
products.
The excerpted deposition
testimony of Arista employee
Adam Sweeney in Paragraphs
126 and 127 should be
redacted because they discuss
in detail the internal operation
of Arista's products, non-public
information regarding
the development of those
features, and the benefits of
those features.
C. ECF 378
Identification of Documents Description of Documents Court's Order
to be Sealed
Defendant Arista Network, Quotes from or cites below GRANTED to the extent it
Inc.'s Opposition to Cisco's exhibits quotes or cites information
Motion for Partial Summary that has been allowed to be
Judgment ("Opposition") filed under seal and DENIED
as to remainder.
Declaration of John R. Black Contains Arista confidential GRANTED as to Paragraphs
Jr. in Support of Defendant information at Paragraphs ¶¶ ¶¶ 397, 519, 525, and 678(i);
Arista Networks, Inc.'s 397, 519, 525, and 678(i). portions quoting or
Opposition to Cisco's Motion Paragraph 397 discusses and referencing deposition of
for Summary Judgment and discloses internal, non-public Philip Kasten; highlighted
Arista's Summary Judgment information regarding the portions of Paragraphs ¶¶
Motion ("Black Decl.") Ex. 1 development and 120, 123-125, 132, 161, 433,
("Black Opening Report") development process of the 438, 448-459, 461-471, 478-482,
Arista EOS software, 498, 500-502, 504, 508,
including details regarding 510, 514, 515, 570, 580, 636,
how certain technologies 689-691, 696, 700 and
were integrated into Arista's footnotes 32, 35, 40, and 128;
products. Paragraphs 519, and DENIED as to
525, and 678(i) discuss and remainder.
disclose non-public
information regarding Dr.
Black's review of highly
confidential Arista source
code, and evidence relating to
such source code.
Contains direct quotes and
references to the transcript of
the deposition of Philip
Kasten as Juniper's corporate
designee pursuant to a
subpoena served on Juniper
by Arista. The transcript
reflects substantive
discussion of the technical
underpinnings and
development of Juniper's
highly proprietary software.
Cisco supports the sealing of
the highlighted portions of
paragraphs 120, 123-125,
132, 161, 433, 438, 448-459,
461-471, 478-482, 498, 500-502,
504, 508, 510, 514, 515,
570, 580, 636, 689-691, 696,
700 and footnotes 32, 35, 40,
and 128. These portions of
this exhibit contain Cisco's
confidential source code,
discussions of related
confidential third-party
source code, as well as
confidential information
about Cisco's licenses,
business development, and
competitive intelligence.
Black Decl. Ex. 38 ("Black Contains Arista confidential GRANTED as to Paragraphs
Rebuttal Report") information at Paragraphs ¶¶ ¶¶ 148, 155, 156, 160-166,
148, 155, 156, 160-166, and and 169-171; and 50-51, 55,
169-171. These paragraphs 148, 155, 156, 159, 160, 165,
discuss and disclose non-public and 170; and DENIED as to
public information regarding remainder.
both Dr. Black's and Dr.
Almeroth's reviews of highly
confidential Arista source
code, and evidence relating to
such source code.
Cisco supports the sealing of
paragraphs 50-51, 55, 148,
155, 156, 159, 160, 165, and
170. These portions of this
exhibit contain Cisco's
confidential source code,
discussions of related
confidential third-party
source code, as well as
confidential information
about Cisco's business
development.
Declaration of William M. Contains Arista confidential GRANTED as to Paragraphs
Seifert in Support of information at Paragraphs ¶¶ ¶¶ 90 (including footnote 78),
Defendant Arista Networks, 90 (including footnote 78), 96 96 (including charts on Pages
Inc.'s Opposition to Cisco's (including charts on Pages 43 43 and 44), 97 (including
Motion for Summary and 44), 97 (including footnote 88), 98 (including
Judgment ("Seifert Decl.") footnote 88), 98 (including footnotes 89-91), 99
Ex. 1 ("Seifert Expert footnotes 89-91), 99 (including footnote 92),
Report") (including footnote 92), 100(i), 100(ii) (including
100(i), 100(ii) (including footnote 94), 100(iv)
footnote 94), 100(iv) (including footnote 95),
(including footnote 95), 100(v) (including footnote
100(v) (including footnote 97), 101, 103 (including
97), 101, 103 (including footnote 106), 108, and 109,
footnote 106), 108, and 109. and portions quoting or
These excerpts from Mr. referencing deposition of
Seifert's report contain Philip Kasten, and DENIED
Arista's highly competitive as to remainder.
business information. They
cite and discuss customer
sales presentations, which
contain sensitive and non-public
Arista sales and
marketing strategies. Others
discuss the results of product
testing and confidential
customer feedback, including
the identities of those
customers. In some cases, the
excerpts recite detailed
information about Arista's
marketing responses to the
preferences of specific
segments of customers, along
with sales information, all of
which Arista protects as
highly confidential. These
excerpts also disclose
sensitive market data and
analysis used by Arista for
competitive purposes.
Contains direct quotes and
references to the transcript of
the deposition of Philip
Kasten as Juniper's corporate
designee pursuant to a
subpoena served on Juniper
by Arista. The transcript
reflects substantive
discussion of the technical
underpinnings and
development of Juniper's
highly proprietary software.
Declaration of Cate M. Elsten Contains Arista confidential GRANTED as to Pages 9, 17,
in Support of Defendant information on Pages 9, 17, 22-23; Page 7, the top of
Arista Networks, Inc.'s 22-23, as shown in the page 9, page 14, page 15,
Opposition to Cisco's Motion highlighted copy of the page 21, the top 2 lines and
for Summary Judgment Expert Report. Those pages bottom 7 lines of page 22,
("Elsten Decl.") Ex. 1 of Ms. Elsten's Expert Report pages 23-28, the top of page
("Elsten June 3 Report") on Market Harm contain non-public 32, and page 33; and
public and sensitive business, DENIED as to remainder.
product pricing, and actual
and prospective customer
information, including
information about customer
requirements and preferences
regarding purchasing
Cisco supports the sealing of
the highlighted portions of
the following: page 7, the top
of page 9, page 14, page 15,
page 21, the top 2 lines and
bottom 7 lines of page 22,
pages 23-28, the top of page
32, and page 33. These
portions of this exhibit
contain confidential and
sensitive information about
Cisco's business development
and technology as well as
Cisco's competitive
strategies.
Elsten Decl. Ex. 2 ("Elsten Ms. Elsten's Rebuttal Report GRANTED
Rebuttal Report") contains non-public and
sensitive business, product
pricing, and customer
information, as well as sales
and revenue data, and
information about actual and
prospective customer
requirements and preferences
regarding purchasing, all of
which Arista maintains as
highly confidential. This
exhibit also contains
confidential and sensitive
business and pricing
information, confidential
information about actual and
prospective customers, as
well as confidential data
related to Cisco's sales and
revenue.
Declaration of Ryan Wong in Cisco supports the sealing of GRANTED as to 55:2-56:18,
Support of Defendant Arista 55:2-56:18, 95:9-99:14; 95:9-99:14; 178:11-13 and
Networks, Inc.'s Opposition 178:11-13. These portions of DENIED as to remainder.
to Cisco's Motion for this exhibit contain details
Summary Judgment ("Wong regarding the witness's
Decl." or "Wong personal work history,
Declaration") Ex. 1 (Excerpts confidential Cisco licensing
from Lougheed Deposition information and confidential
Transcript, 11/20/2015) source code.
Wong Decl. Ex. 2 (Excerpts The designating party, Cisco, DENIED
from Satz Deposition does not seek the sealing of
Transcript) these exhibits.
Wong Decl. Ex. 4 (Excerpts Cisco supports the sealing of GRANTED as to 9:21-23;
from Li Deposition 9:21-23; 152:8-20; 227:19-22; 152:8-20; 227:19-22;
Transcript) 236:22-24. These portions 236:22-24 and DENIED as to
of this exhibit contain details remainder.
regarding the witness's home
address, a detailed discussion
of confidential technical
information about Cisco's
products, as well as
confidential business
information.
Wong Decl. Ex. 5 (Excerpts No supporting declaration DENIED
from Dell Corporate filed.
Deposition Transcript)
Wong Decl. Ex. 7 (Cisco The designating party, Cisco, DENIED
email dated 8/2/2013) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 8 (Cisco The designating party, Cisco, DENIED
email dated 10/6/2005) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 9 Exhibits 9D, 9E, and 9F GRANTED as to exhibits
(compilation of documents) contains confidential 9D, 9E, and 9F, and
information about Cisco DENIED as to remainder.
competitive strategies and
interactions with customers
Wong Decl. Ex. 11 (Excerpts Cisco supports the sealing of GRANTED as to pages 254-from
Lang Deposition pp. 254-255 of this exhibit. 255 and DENIED as to
Transcript This portions of the exhibit remainder.
contains details regarding
confidential business
information.
Wong Decl. Ex. 13 (Arista A confidential, non-public GRANTED
internal presentation) Arista presentation (with
speaker notes included) that
discloses sensitive strategic
information about Arista's
business operations, including
target customers and markets,
product lineups, and a
breakdown of compensation
structures for engineers
(including benefits, and other
financial data relating to
compensation)
Wong Decl. Ex. 14 (Arista A confidential, non-public GRANTED
internal presentation) Arista presentation that
discloses sensitive strategic
information about Arista's
business operations, including
target customers and markets,
and financial information
(including revenue and
growth projections) regarding
those particular customers
and markets
Wong Decl. Ex. 15 Cisco supports the sealing of GRANTED as to pages 32-67
(compilation of deposition pages 32-67 of part 1 of this of part 1 of this exhibit
transcript excerpts and exhibit and pages 1-28, and and pages 1-28, and 33-34 of
documents) 33-34 of part 2 of this exhibit. part 2 of this exhibit and
Pages 32-67 of part 1 of this DENIED as to remainder.
exhibit contain confidential
information about Cisco's
products, competitive
strategies and product testing.
Wong Decl. Ex. 16 (Cisco This exhibit contains GRANTED
email dated 1/20/2010) confidential information
about Cisco competitive
strategies and interactions
with customers.
Wong Decl. Ex. 17 (Excerpts Cisco supports the sealing of GRANTED as to 27:1-29:25;
from Remaker Deposition 27:1-29:25; 38:2-45:25; 50:2-57:25; 38:2-45:25; 50:2-57:25; 62:1-Transcript,
3/31/2016) 62:1-73:24; 82:1-85:19. 73:24; 82:1-85:19 and
These portions of this DENIED as to remainder.
exhibit contain confidential
details regarding Cisco's
product development and
source code
Wong Decl. Ex. 18 Cisco supports the sealing of GRANTED as to 259:15-260:22;
(Excerpts from Lougheed 259:15-260:22; 261:18-22; 261:18-22; 267:4-Deposition
Transcript, 267:4-295:1; 296:23-298:16, 295:1; 296:23-298:16,
4/4/2016) 346:18-374:18; 379:2-25. 346:18-374:18; 379:2-25, and
These portions of this exhibit DENIED as to remainder.
contain details regarding the
witness's personal work
history, confidential Cisco
licensing information and
confidential source code.
Wong Decl. Ex. 19 (Cisco This exhibit contains GRANTED
email dated 7/26/2006) confidential details regarding
Cisco's product development.
Wong Decl. Ex. 20 (Excerpts Cisco supports the sealing of GRANTED as to 8:11-19 and
from Liu Deposition 8:11-19. This portion of the DENIED as to remainder.
Transcript) exhibit contains the witness's
home address and personal
email addresses and should
be sealed to protect the
witness's privacy.
Wong Decl. Ex. 21 Cisco supports the sealing of GRANTED as to 144:19-149:24
(compilation of deposition 144:19-149:24 and 154:2-157:25 and 154:2-157:25 of
transcript excerpts) of the Li excerpt, the Li excerpt, starting on
starting on page 7 of the as-filed page 7 of the as-filed pdf;
pdf; 123:24-125:15 of 123:24-125:15 of the
the Lougheed excerpt, Lougheed excerpt, starting an
starting an page 13 of the as-filed page 13 of the as-filed pdf;
pdf; 231:21-262:25:25 231:21-262:25:25 of the
of the Lougheed excerpt, Lougheed excerpt, starting on
starting on page 21 of the as-filed page 21 of the as-filed pdf;
pdf; and 363:1-366:25 and 363:1-366:25 of the
of the Lougheed excerpt, Lougheed excerpt, starting on
starting on page 26 of the as-filed page 26 of the as-filed pdf;
pdf. The specified and DENIED as to
portion of this exhibit remainder.
discusses confidential source
code and the confidential
development of products.
Wong Decl. Ex. 22 (Excerpts Cisco supports the sealing of GRANTED
from Kavasseri Deposition this exhibit as it contains
Transcript) confidential details regarding
Cisco's product development
and source code.
Wong Decl. Ex. 24 (Excerpts The designating party, Cisco, DENIED
from Kathail Deposition does not seek the sealing of
Transcript) these exhibits.
Wong Decl. Ex. 25 (Cisco This exhibit contains a GRANTED
presentation dated detailed discussion of
10/21/2004) confidential technical
information about Cisco's
products, as well as
confidential business
information.
Wong Decl. Ex. 26 (Cisco This exhibit contains a GRANTED
email dated 1/12/1999) detailed discussion of
confidential technical
information about Cisco's
products, as well as
confidential business
information.
Wong Decl. Ex. 27 (Cisco This exhibit contains a GRANTED
internal document) detailed discussion of
confidential technical
information about Cisco's
products, as well as
confidential business
information.
Wong Decl. Ex. 28 (Cisco The designating party, Cisco, DENIED
email dated 10/22/1997) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 29 (Excerpts Cisco supports the sealing of GRANTED as to 8:13-9:1
from Patil Deposition 8:13-9:1. This portion of the and DENIED as to
Transcript) exhibit contains the witness's remainder.
home address and should be
sealed to protect the witness's
privacy.
Wong Decl. Ex. 30 (Excerpts Excerpts discuss and disclose GRANTED
from Sweeney Deposition internal, non-public
Transcript) information regarding the
development and
development process of the
Arista EOS software,
including details regarding
how certain technologies
were integrated into Arista's
products.
Wong Decl. Ex. 31 (Cisco This exhibit contains a GRANTED
internal document) detailed discussion of
confidential technical
information about Cisco's
products, as well as
confidential business
information.
Wong Decl. Ex. 32 (Cisco This exhibit contains a GRANTED
email dated 1/12/1999) detailed discussion of
confidential technical
information about Cisco's
products, as well as
confidential business
information.
Wong Decl. Ex. 33 (Excerpts Cisco supports the sealing of GRANTED as to 8:17-18 and
from Remaker Deposition 8:17-18. This portion of the DENIED as to remainder.
Transcript, 3/30/2016) exhibit contains the witness's
home address and should be
sealed to protect the witness's
privacy.
Wong Decl. Ex. 34 (Excerpts The excerpts from Mr. GRANTED
from Redlefsen Deposition Redlefsen's deposition
Transcript) transcript discuss and disclose
internal, non-public
information regarding the
development and
development process of the
Arista EOS software.
Wong Decl. Ex. 36 (Excerpts The excerpts from Dr. GRANTED
from Black Deposition Black's deposition transcript
Transcript (Rough)) discuss and disclose non-public
information regarding
his review of highly
confidential Arista and Cisco
source code and discuss his
analysis of their differences
based on that analysis.
Wong Decl. Ex. 37 (Excerpts Cisco supports the sealing the GRANTED as to first two
from the Opening Expert first two sentences of sentences of paragraph 261
Report of Kevin Almeroth, paragraph 261. This portion and DENIED as to
dated June 3, 2016) of the exhibit contains remainder.
information about Cisco's
source code and related third-party
source code, which
relates to a confidential
license.
Wong Decl. Ex. 38 (Excerpts The transcript reflects GRANTED
from Juniper Networks substantive discussion of the
Corporate Deposition of technical underpinnings and
Philip Kasten) development of Juniper's
highly proprietary software.
Wong Decl. Ex. 41 (Excerpts No supporting declaration DENIED
from HewlettPackard filed.
Enterprise Corporate
Deposition of Balaji
Venkatraman)
Wong Decl. Ex. 42 (Brocade No supporting declaration DENIED
FastIron Manual) filed.
Wong Decl. Ex. 43 (Brocade The designating party, Cisco, DENIED
FAQ document) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 44 (Cisco The designating party, Cisco, DENIED
presentation dated June 1, does not seek the sealing of
2007) these exhibits.
Wong Decl. Ex. 45 (Cisco This exhibit contains GRANTED
manual) confidential information
about Cisco's competitive
strategies and would cause
substantial harm to Cisco if
disclosed publicly.
Wong Decl. Ex. 46 (Cisco The designating party, Cisco, DENIED
NextHop document) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 47 (Cisco HP The designating party, Cisco, DENIED
document) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 48 (Excerpts Cisco seeks to seal 14:11-13 GRANTED as to 14:11-13
from Malik Deposition This portion of the exhibit and DENIED as to
Transcript) contains the personal address remainder.
of the witness which should
be sealed to protect the
witness's privacy.
Wong Decl. Ex. 49 (Cisco The designating party, Cisco, DENIED
presentation) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 50 (Cisco The designating party, Cisco, DENIED
metadata for the document does not seek the sealing of
immediately above) these exhibits.
Wong Decl. Ex. 51 (Excerpts Cisco supports the sealing of GRANTED as to 30:1-33:25
from Hartingh Deposition 30:1-33:25 and 178:1-180:9. and 178:1-180:9 and
Transcript) These portions of this exhibit DENIED as to remainder.
contain confidential details
regarding Cisco's competitive
strategies and competitive
intelligence practices.
Wong Decl. Ex. 52 (Excerpts Cisco supports the sealing of GRANTED as to 99:4-from
Pletcher Deposition 99:4-105:25. These portions 105:25 and DENIED as to
Transcript) of this exhibit contain remainder.
confidential details regarding
Cisco's competitive strategies
and competitive intelligence
practices.
Wong Decl. Ex. 53 (Cisco This exhibit contains GRANTED
email dated 7/11/2002) confidential information
about Cisco's product
architecture and competitive
strategies.
Wong Decl. Ex. 54 (Cisco The designating party, Cisco, DENIED
email dated 4/15/2008) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 55 (Cisco This exhibit contains GRANTED
email dated 7/8/2005) confidential information
about Cisco's product
development and customer
interactions.
Wong Decl. Ex. 56 (Cisco This exhibit contains GRANTED
product requirements confidential details regarding
document) Cisco's product development.
Wong Decl. Ex. 57 (Cisco This of this exhibit contains GRANTED
email dated 4/15/2008) confidential details regarding
Cisco's product development.
Wong Decl. Ex. 58 (Cisco The designating party, Cisco, DENIED
document dated 12/7/2011) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 59 (Cisco This exhibit contains GRANTED
document dated 10/24/2001) confidential information
about Cisco's market share
and competitive strategies.
Wong Decl. Ex. 60 (Cisco The designating party, Cisco, DENIED
presentation dated 6/20/2012) does not seek the sealing of
these exhibits.
Wong Decl. Ex. 61 (Cisco This exhibit contains GRANTED
letter to Stanford dated confidential information
12/18/2002) about a license.
Wong Decl. Ex. 62 Cisco supports the sealing of GRANTED as to 55:2-56:18
(compilation of deposition 55:2-56:18 and 359:4-396:25 and 359:4-396:25 of the
transcript excerpts) of the Lougheed excerpt, and Lougheed excerpt, and 9:21-23
9:21-23 of the Li excerpt. The of the Li excerpt, and
specified portion of the DENIED as to remainder.
Lougheed excerpt contains a
discussion of source code.
The specified portion of the
Li excerpt contains the
witness's home address and
should be sealed to protect
the privacy of the witness.
Wong Decl. Ex. 63 Cisco supports the sealing of GRANTED as to 9:21-23 of
(compilation of deposition 9:21-23 of the Li excerpt and the Li excerpt and 8:11-19 of
transcript excerpts) 8:11-19 of the Liu excerpt. the Liu excerpt, and DENIED
These excerpts contain the as to remainder.
home address and personal
email addresses of the
witnesses and should be
sealed to protect the privacy
of the witnesses.
Wong Decl. Ex. 64 No supporting declaration DENIED
(compilation of documents) filed.
D. ECF 393
Identification of Documents Description of Documents Court's Order
to be Sealed
Arista's Reply in Support of No supporting declaration DENIED
Arista's Motion for Partial filed.
Summary Judgment
E. ECF 396
Identification of Documents Description of Documents Court's Order
to be Sealed
Cisco's Reply in Support Cisco's reply brief at page 4:4-10 GRANTED as to 4:4-10 and
of its Motion for Partial and page 11:23-12:3 quotes 11:23-12:3; and 10:25-11:4
Summary Judgment from or describes Exhibit 8 and DENIED as to remainder.
below.
Cisco's reply brief at page
10:25-11:4 quotes from or
paraphrases Exhibit 1 below.
Exhibit 1 to the Declaration of The excerpts from Mr. GRANTED
John M. Neukom in Support of Sweeney's deposition
Cisco's Reply in Support of its transcript discuss and disclose
Motion for Partial Summary internal, non-public
Judgment information regarding the
development and development
process of the Arista EOS
software, including details
regarding how certain
technologies were integrated
into Arista's products.
Exhibit 2 to the Declaration of The charts contained in Exhibit GRANTED
John M. Neukom in Support of 2 list the non-public names of
Cisco's Reply in Support of its Arista engineers involved in
Motion for Partial Summary product development and the
Judgment non-public development
history of Arista's software.
Exhibit 3 to the Declaration of Contains competitively GRANTED
John M. Neukom in Support of sensitive discussions
Cisco's Reply in Support of its concerning Arista's internal
Motion for Partial Summary product development process,
Judgment including the tools Arista uses
to develop its products,
Arista's sales strategies, and
Arista's analyses of its
competitors.
Exhibit 4 to the Declaration of Contains competitively GRANTED
John M. Neukom in Support of sensitive discussions
Cisco's Reply in Support of its concerning Arista's internal
Motion for Partial Summary product development process,
Judgment the inner workings of its
products and their
technological capabilities,
Arista's strategies for winning
customers, opinions
concerning customer demands,
and Arista's analyses of its
competitors.
Exhibit 5 to the Declaration of Contains competitively GRANTED
John M. Neukom in Support of sensitive discussions
Cisco's Reply in Support of its concerning Arista's
Motion for Partial Summary competitive analyses and
Judgment testing, customer demands,
sales strategies, and the inner
workings of Arista products
Exhibit 6 to the Declaration of Contains competitively GRANTED
John M. Neukom in Support of sensitive discussion of Arista's
Cisco's Reply in Support of its internal deliberations
Motion for Partial Summary concerning the design of its
Judgment software, Arista's software and
source code design policies,
strategies for keeping and
winning customers, and
internal discussions concerning
and analyzing sales.
Exhibit 7 to the Declaration of Contains competitively GRANTED
John M. Neukom in Support of sensitive discussion of Arista's
Cisco's Reply in Support of its internal deliberations
Motion for Partial Summary concerning the design of its
Judgment software, opinions concerning
customer demand and sales
strategies, and the inner
workings and technological
capabilities of Arista's
products.
Exhibit 8 to the Declaration of Contains the entirety of the GRANTED
John M. Neukom in Support of CONFIDENTIAL VERSION
Cisco's Reply in Support of its of the International Trade
Motion for Partial Summary Commission's Opinion in In
Judgment the Matter of Certain Network
Devices, Related Software, and
Components Thereof (I),
Investigation No. 337-TA-944.
It is replete with competitively
sensitive confidential business
information related to, among
other things, the operation of
Arista's products that was
provided to the U.S.
International Trade
Commission under an
Administrative Protective
Order.
III. ORDER
For the foregoing reasons, the sealing motions at ECF 331, 371, 378, 393, 396 are 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 form the filing of this order.
IT IS SO ORDERED.
