Finjan, Inc. v. Blue Coat Systems, LLC, 15-cv-03295-BLF. (2016)
Court: District Court, N.D. California
Number: infdco20161025e59
Visitors: 3
Filed: Oct. 24, 2016
Latest Update: Oct. 24, 2016
Summary: ORDER GRANTING SEALING MOTIONS [Re: ECF 111, 124] BETH LABSON FREEMAN , District Judge . This order specifically addresses parties' administrative motions to file under seal portions of their briefing and exhibits in relation to Plaintiff's motion for preliminary injunction. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and document
Summary: ORDER GRANTING SEALING MOTIONS [Re: ECF 111, 124] BETH LABSON FREEMAN , District Judge . This order specifically addresses parties' administrative motions to file under seal portions of their briefing and exhibits in relation to Plaintiff's motion for preliminary injunction. For the reasons stated below, the motions are GRANTED. I. LEGAL STANDARD "Historically, courts have recognized a `general right to inspect and copy public records and documents, including judicial records and documents..
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ORDER GRANTING SEALING MOTIONS [Re: ECF 111, 124]
BETH LABSON FREEMAN, District Judge.
This order specifically addresses parties' administrative motions to file under seal portions of their briefing and exhibits in relation to Plaintiff's motion for preliminary injunction. For the reasons stated below, the motions are GRANTED.
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 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 111
Identification of Documents Description of Documents Court's Order
to be Sealed
Defendant Blue Coat Systems, Sections 23:9-11 and 25:10-13 GRANTED.
Inc.'s Opposition to Plaintiff contain confidential product
Finjan, Inc.'s Motion for and business information of
Preliminary Injunction Blue Coat Systems, Inc.
("Opposition")
Opposition Sections 1:10-12, 5:19-21, GRANTED.
11:24-26, 14:24-26, 15:3-5,
15:12-13, 15:24, 16:1-3, 16:6,
18:2-5, 18:27, 19:1, 19:3-4,
and 22:10-11 contain
confidential technology and
business information of Finjan,
Inc.
Declaration of Dr. Azer Sections 8:15-9:7, 15-20,10:8-21, GRANTED.
Bestavros in Support of and 11:2-3 contain
Opposition ("Bestavros confidential product and
Declaration") source code information of
Blue Coat Systems, Inc.
Declaration of Patrik Runald in Section 2:4-8 contains GRANTED.
Support of Opposition confidential business and
("Runald Declaration") product information of Blue
Coat Systems, Inc.
Ex. I to Declaration of Olivia This exhibit contains Finjan, GRANTED.
M. Kim in Support of Inc.'s confidential business
Opposition ("Kim and technology information.
Declaration"), in its entirety.
Ex. J to Kim Declaration, in its This exhibit contains Finjan, GRANTED.
entirety. Inc.'s confidential business
and technology information.
Ex. L to Kim Declaration, in This exhibit contains Blue GRANTED.
its entirety. Coat Systems, Inc.'s
confidential business and
technology information.
Ex. P to Kim Declaration, in This exhibit contains Finjan, GRANTED.
its entirety. Inc.'s confidential business
and technology information.
Ex. T to Kim Declaration, in This exhibit contains Finjan, GRANTED.
its entirety. Inc.'s confidential business
and technology information.
Ex. W to Kim Declaration, in This exhibit contains Finjan, GRANTED.
its entirety. Inc.'s confidential license
agreement.
Ex. X to Kim Declaration, in This exhibit contains Finjan, GRANTED.
its entirety. Inc.'s confidential license
agreement.
B. ECF 124
Identification of Documents Description of Documents Court's Order
to be Sealed
Plaintiff Finjan, Inc.'s Reply in Sections 8:16-26; 11:8-9; GRANTED.
Further Support of its Motion 11:17-18; 12:8-11; 13: 7-9;
for Preliminary Injunction and 14:24-25 contain Finjan,
("Reply") Inc.'s confidential business
and product information, as
well as Blue Coat Systems,
Inc.'s confidential product
information.
Exhibit 1 to Declaration of Sections 66:1-7; 70:4-12; GRANTED.
Cristina Martinez in Support of 71:25; 72:1-6; 96:1-9; 96:14-98:1;
Reply ("Martinez Decl.") 110:5-12; 137:8-138:2;
139:22-140:25; 146:14-19;
151:17-152:15; and 153:2-15
contain Finjan, Inc.'s
confidential business,
financial, and technical
information.
Exhibit 2 to Martinez Decl. Sections 75:1-15; 75:17-79:19; GRANTED.
113:2-8; 113:15-117:25;
119:1-20; 121:5-11; 121:13-25;
128:2-20; and 170:15-171:
22 contain Finjan, Inc.'s
confidential business,
financial, and technical
information.
IT IS SO ORDERED.
Source: Leagle
