Summary
sealing material that "reveals the identification, organization, and/or operation of Cisco's proprietary products," which competitors could "use to map proprietary features of Cisco's products"
Summary of this case from In re Google Location History Litig.Opinion
Case No. 17-cv-00072-BLF
09-03-2019
FINJAN, INC., Plaintiff, v. CISCO SYSTEMS INC., Defendant.
ORDER GRANTING DEFENDANT'S MOTION TO SEAL AT ECF 315
[Re: ECF 315]
Before the Court is Defendant's administrative motion to file under seal portions of the briefing and exhibits submitted in connection with Defendant's Motion to Strike Plaintiff's Expert Reports on Infringement (ECF 312). ECF 315. For the reasons that follow, the motion to seal is 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 & Cty. 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)). Accordingly, when considering a sealing request, "a 'strong presumption in favor of access' is the starting point." Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). Parties seeking to seal judicial records relating to motions that are "more than tangentially related to the underlying cause of action" bear the burden of overcoming the presumption with "compelling reasons" that outweigh the general history of access and the public policies favoring disclosure. Ctr. for Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016); Kamakana, 447 F.3d at 1178-79.
Parties moving to seal documents must also comply with the procedures established by Civ. L.R. 79-5. Pursuant to Civ. L.R. 79-5(b), a sealing order is appropriate only upon a request that establishes the document is "sealable," or "privileged or protectable as a trade secret or otherwise entitled to protection under the law." "The request must be narrowly tailored to seek sealing only of sealable material, and must conform with Civil L.R. 79-5(d)." Civ. L.R. 79-5(b). In part, Civ. L.R. 79-5(d) requires the submitting party to attach a "proposed order that is narrowly tailored to seal only the sealable material" which "lists in table format each document or portion thereof that is sought to be sealed," Civ. L.R. 79-5(d)(1)(b), and an "unredacted version of the document" that indicates "by highlighting or other clear method, the portions of the document that have been omitted from the redacted version." Civ. L.R. 79-5(d)(1)(d). "Within 4 days of the filing of the Administrative Motion to File Under Seal, the Designating Party must file a declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is sealable." Civ. L.R. 79-5(e)(1).
II. DISCUSSION
The Court has reviewed Defendant's sealing motion and the declaration of the designating party submitted in support thereof. The Court finds that Defendant has articulated compelling reasons to seal certain portions of the requested documents. The proposed redactions are narrowly tailored. The Court's rulings on the sealing requests are set forth in the table below.
| ECFNo. | Document to beSealed: | Result | Reasoning |
|---|---|---|---|
| 315-4 | Cisco Systems, Inc.'sMotion to StrikeFinjan's Expert Reportson Infringement inView of the OrdersDated June 11, 2019and July 7, 2019("Cisco's Motion "). | GRANTED as to thehighlighted portions atpg. 1, at line 13;pg. 2, at lines 22-23;pg. 2, at line 25,pg. 3, at line 9,pg. 3 at lines 17-21;pg. 4 at line 5-7;pg. 6 at line 6-12;pg. 8 at lines 1-2;pg. 10 at lines 7;pg. 10 at lines 10-11; andpg. 10 at lines 14-15. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5,ECF 315-1. In particular, Cisco'scompetitors could use thisconfidential information to mapproprietary features of Cisco'sproducts. Id. |
| ECFNo. | Document to beSealed: | Result | Reasoning |
|---|---|---|---|
| 315-8 | Portions of Exhibit B tothe Declaration ofJarrad M. Gunther InSupport of Cisco'sMotion. | GRANTED as to thehighlighted portions atpgs. 1-2. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
| 315-10 | Portions of Exhibit C tothe Declaration of 315-Jarrad M. Gunther InSupport of Cisco'sMotion. | GRANTED as to thehighlighted portions atpg. 1. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
| 315-12 | Exhibit D to theDeclaration of JarradM. Gunther In Supportof Cisco's Motion.(Excerpts of theFebruary 19, 2019Deposition Transcriptof Matthew Watchinski- designated HighlyConfidential -Attorneys Eyes Only) | GRANTED as to theentire document. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
| 315-14 | Exhibit E to theDeclaration of JarradM. Gunther In Supportof Cisco's Motion.(Excerpts of the ExpertReport of Eric Cole,Ph.D. RegardingInfringement by CiscoSystems, Inc. of PatentNos. 6,154,844 and8,677,494 - designated | GRANTED as to theentire document. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
| ECFNo. | Document to beSealed: | Result | Reasoning |
|---|---|---|---|
| Highly Confidential -Attorneys Eyes Only) | |||
| 316-1 | Exhibit F to theDeclaration of JarradM. Gunther In Supportof Cisco's Motion, in itsentirety. (Excerpts ofthe Expert Report ofNenad Medvidovic,Ph.D. RegardingInfringement by CiscoSystems, Inc. of PatentNo. 7,647,633 -designated HighlyConfidential -Attorneys Eyes Only) | GRANTED as to theentire document. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
| 315-16 | Exhibit G to theDeclaration of JarradM. Gunther In Supportof Cisco's Motion, in itsentirety. (Excerpts ofthe Expert Report ofMichael Mitzenmacher,Ph.D. RegardingInfringement by CiscoSystems, Inc. of PatentNos. 6,804,780 and8,141,154 - designatedHighly Confidential -Attorneys Eyes Only) | GRANTED as to theentire document. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
| 315-18 | Exhibit H to theDeclaration of JarradM. Gunther In Supportof Cisco's Motion, in itsentirety. (AppendixD1- designated HighlyConfidential -Attorneys Eyes Only) | GRANTED as to theentire document. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage bycompetitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
| 315-20 | Exhibit I to theDeclaration of JarradM. Gunther In Support | GRANTED as to theentire document. | If filed publicly, this confidentialinformation could be used toCisco's disadvantage by |
| ECFNo. | Document to beSealed: | Result | Reasoning |
|---|---|---|---|
| of Cisco's Motion, in itsentirety. (Appendix D1Supplement-designated HighlyConfidential -Attorneys Eyes Only) | competitors, as it reveals theidentification, organization, and/oroperation of Cisco's proprietaryproducts. Bartow Decl. ¶¶ 3-5.In particular, Cisco's competitorscould use this confidentialinformation to map proprietaryfeatures of Cisco's products. Id. |
III. CONCLUSION
For the foregoing reasons, the Court hereby GRANTS Defendant's motion to seal at ECF 315. No further action is necessary.
IT IS SO ORDERED. Dated: September 3, 2019
/s/_________
BETH LABSON FREEMAN
United States District Judge