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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

DUANE MORRIS LLP

D. Stuart Bartow (CA SBN 233107)

dsbartow@duanemorris.com

2475 Hanover Street

Palo Alto, CA 94304-1194

Telephone: 650.847.4146

Facsimile: 650.847.4151

DUANE MORRIS LLP

Joseph A. Powers (PA SBN 84590)

Admitted Pro Hac Vice

japowers@duanemorris.com

Jarrad M. Gunther (PA SBN 207038)

Admitted Pro Hac Vice

jmgunther@duanemorris.com

30 South 17th Street

Philadelphia, PA 19103

Telephone: 215.979.1000

Facsimile: 215.979.1020

Attorneys for Defendant

CISCO SYSTEMS, INC.

DUANE MORRIS LLP

L. Norwood Jameson (GA SBN 003970)

Admitted Pro Hac Vice

wjameson@duanemorris.com

Matthew C. Gaudet (GA SBN 287789)

Admitted Pro Hac Vice

mcgaudet@duanemorris.com

David C. Dotson (GA SBN 138040)

Admitted Pro Hac Vice

dcdotson@duanemorris.com

John R. Gibson (GA SBN 454507)

Admitted Pro Hac Vice

jrgibson@duanemorris.com

Jennifer H. Forte (GA SBN 940650)

Admitted Pro Hac Vice

jhforte@duanemorris.com

1075 Peachtree NE, Suite 2000

Atlanta, GA 30309

Telephone: 404.253.6900

Facsimile: 404.253.6901

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FINJAN, INC., a Delaware Corporation,

Plaintiff,

v.

CISCO SYSTEMS, INC., a California

Corporation,

Defendant.

Case No.: 5:17-cv-00072-BLF-SVK

CISCO SYSTEMS, INC.’S 

ADMINISTRATIVE MOTION TO FILE 

UNDER SEAL 

Judge: Hon. Beth Labson Freeman 

Courtroom: 3, 5th Floor

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 1 of 9
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1 

DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

I. INTRODUCTION

Pursuant to Civil L.R. 7-11 and 79-5, this Court’s Standing Civil Order Re: Civil Cases, and

the Parties Stipulated Protective Order (Dkt. 97), Defendant Cisco Systems, Inc. (“Cisco”) hereby 

moves the Court for leave to file under seal, pursuant to Civil L.R. 79-5(d), the items identified in 

the table below: 

ECF or 

Exh. No. Document Portion(s) to Seal Reason(s) for Sealing

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi (“Cisco’s 

Motion”). 

Highlighted portions at pg. 1 

at lines 25-27; pg. 2 at lines 

1-6; pg. 2 at lines 18-21; pg.

3 at lines 11-12; pg. 3 at lines

19-20; pg. 3 at lines 22-23;

pg. 3 at line 25; pg. 4 at line

1; pg. 4 at lines 3-4; pg. 4 at

lines 6-11; pg. 4 at line 14;

pg. 4 at lines 17-24; pg. 5 at

lines 1-9; pg. 5 at lines 11-24;

pg. 7 at line 1; pg. 7 at line 9;

pg. 7 at lines 13-16; pg. 7 at

lines 18-23; pg. 7 at line 28;

pg. 8 at lines 1-6; pg. 8 at line

8; pg. 8 at lines 12-15; pg. 8

at line 17; pg. 8 at lines 22-

23; pg. 8 at lines 26-27; pg. 9

at lines 10-13; pg. 9 at line

24; pg. 10 at lines 9-11.

Contains 

summaries of and 

quotations from 

documents 

designated in their 

entirety by Finjan 

as “HIGHLY 

CONFIDENTIAL 

– ATTORNEYS’

EYES ONLY”

pursuant to the

terms of the

Stipulated

Protective Order.

See Declaration of

D. Stuart Bartow

(“Bartow Decl”) at

at pgs. 1-2, ¶ 3.

Contains 

confidential 

information 

pursuant to the 

Protective Order 

entered in this 

action. If filed 

publicly, this 

confidential 

information could 

be used to Cisco’s 

disadvantage by 

competitors, as it 

reveals Cisco’s 

confidential 

business and 

financial 

information related 

to the accused 

products. Id.

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 2 of 9
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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

ECF or 

Exh. No. Document Portion(s) to Seal Reason(s) for Sealing

Ex. B Exhibit B to the Declaration of 

Jennifer H. Forte in Support of 

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi

Entire document This document was 

designated in its 

entirety by Finjan 

as “HIGHLY 

CONFIDENTIAL 

– ATTORNEYS’ 

EYES ONLY” 

pursuant to the 

terms of the 

Stipulated 

Protective Order. 

See Bartow Decl at 

pg. 2, ¶ 3.

In addition, this 

document contains 

Cisco confidential 

information 

pursuant to the 

Protective Order 

entered in this 

action. If filed 

publicly, this 

confidential 

information could 

be used to Cisco’s 

disadvantage by 

competitors, as it 

reveals Cisco’s 

confidential sales 

and financial 

information and 

confidential 

deposition 

testimony related to 

same. Id.

Ex. C Exhibit C to the Declaration of 

Jennifer H. Forte in Support of 

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi

Highlighted portions at pg. 6, 

at lines 25-27

This information is 

of unknown origin 

and has not been 

published. It 

potentially reflects 

or may lead to the 

disclosure of 

Cisco’s confidential 

information.

Ex. D Exhibit D to the Declaration of 

Jennifer H. Forte in Support of 

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Entire document This document was 

designated in its 

entirety by Finjan, 

Inc. as “HIGHLY 

CONFIDENTIAL 

– ATTORNEYS’ 

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 3 of 9
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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

ECF or 

Exh. No. Document Portion(s) to Seal Reason(s) for Sealing

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi

EYES ONLY” 

pursuant to the 

terms of the 

Stipulated 

Protective Order. 

See Bartow Decl at 

pgs. 2-3, ¶ 3.

Ex. E Exhibit E to the Declaration of 

Jennifer H. Forte in Support of 

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi

Entire document This document was 

designated in its 

entirety by Finjan, 

Inc. as “HIGHLY 

CONFIDENTIAL 

– ATTORNEYS’ 

EYES ONLY” 

pursuant to the 

terms of the 

Stipulated 

Protective Order. 

See Bartow Decl at 

pg. 3, ¶ 3.

Ex. G Exhibit G to the Declaration of 

Jennifer H. Forte in Support of 

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi

Entire document This document was 

designated in its 

entirety by Finjan, 

Inc. as “HIGHLY 

CONFIDENTIAL 

– ATTORNEYS’ 

EYES ONLY” 

pursuant to the 

terms of the 

Stipulated 

Protective Order. 

See Bartow Decl at 

pg. 3, ¶ 3.

In addition, this 

document contains 

Cisco confidential 

information 

pursuant to the 

Protective Order 

entered in this 

action. If filed 

publicly, this 

confidential 

information could 

be used to Cisco’s 

disadvantage by 

competitors, as it 

reveals certain 

details related to 

Cisco’s proprietary 

source code. Id.

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 4 of 9
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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

ECF or 

Exh. No. Document Portion(s) to Seal Reason(s) for Sealing

Ex. H Exhibit H to the Declaration of 

Jennifer H. Forte in Support of 

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi

Entire document This document 

includes summaries 

of and substantive 

responses to 

information 

contained in a 

document 

designated in its 

entirety by Finjan, 

Inc. as “HIGHLY 

CONFIDENTIAL 

– ATTORNEYS’ 

EYES ONLY” 

pursuant to the 

terms of the 

Stipulated 

Protective Order. 

See Bartow Decl at 

pgs. 3-4, ¶ 3.

In addition, this 

document contains 

Cisco confidential 

information 

pursuant to the 

Protective Order 

entered in this 

action. If filed 

publicly, this 

confidential 

information could 

be used to Cisco’s 

disadvantage by 

competitors, as it 

reveals confidential 

information related 

to the sale of 

Cisco’s products. 

Id.

Ex. I Exhibit I to the Declaration of 

Jennifer H. Forte in Support of 

Cisco Systems, Inc.’s Motion 

to Strike Previously 

Undisclosed Damages 

Theories in Expert Reports of 

Dr. Anne Layne-Farrar and Dr. 

Ricardo Valerdi

Entire document This document 

includes summaries 

of and substantive 

responses to 

information 

contained in a 

document 

designated in its 

entirety by Finjan, 

Inc. as “HIGHLY 

CONFIDENTIAL 

– ATTORNEYS’ 

EYES ONLY” 

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 5 of 9
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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

ECF or 

Exh. No. Document Portion(s) to Seal Reason(s) for Sealing

pursuant to the 

terms of the 

Stipulated 

Protective Order. 

See Bartow Decl at 

pgs. 4-5, ¶ 3.

In addition, this 

document contains 

Cisco confidential 

information 

pursuant to the 

Protective Order 

entered in this 

action. If filed 

publicly, this 

confidential 

information could 

be used to Cisco’s 

disadvantage by 

competitors, as it 

reveals confidential 

information related 

to the sale of 

Cisco’s products. 

Id.

II. ARGUMENT

A. Legal Standard

There is a presumption of public access to judicial records and documents. Nixon v. Warner 

Commc'ns, Inc., 435 U.S. 589, 597 (1978). However, records attached to non-dispositive motions, 

such is the case here, are not subject to the strong presumption of access. Finjan, Inc. v. Proofpoint, 

Inc., No. 13-CV-05808-HSG, 2015 WL 9023164, at *1 (N.D. Cal. Dec. 16, 2015) (internal citation 

omitted). Because the documents attached to non-dispositive motions “are often unrelated, or only 

tangentially related, to the underlying cause of action,” parties moving to seal must meet the lower 

“good cause” standard of the Federal Rules of Civil Procedure Rule 26(c). Id. (internal quotation 

marks omitted). The “good cause” standard requires a “particularized showing” that “specific 

prejudice or harm will result” if the information is disclosed. Phillips ex rel. Estates of Byrd v. Gen. 

Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002) (internal quotation marks omitted); see Fed. 

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 6 of 9
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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

R. Civ. P. 26(c). “Broad allegations of harm, unsubstantiated by specific examples of articulated 

reasoning” will not suffice. Beckman Indus., Inc. v. Int'l Ins. Co., 966 F.2d 470, 476 (9th Cir. 1992). 

Sealing is appropriate where the requesting party “establishes that the document, or portions thereof 

is privileged or protectable as a trade secret or otherwise entitled to protection under the law.” N.D. 

Cal. Civ. L.R. 79–5(a). A party must “narrowly tailor” its request to sealable material only. Id.

B. Cisco’s Administrative Motion to Seal Is Supported By Good Cause and Is 

Narrowly Tailored 

As noted in the table above, Cisco seeks to seal select portions of Cisco Systems, Inc.’s 

Motion to Strike Previously Undisclosed Damages Theories in Expert Reports of Dr. Anne LayneFarrar and Dr. Ricardo Valerdi (“Cisco’s Motion ”), pg. 1 at lines 25-27; pg. 2 at lines 1-6; pg. 2 at 

lines 18-21; pg. 3 at lines 11-12; pg. 3 at lines 19-20; pg. 3 at lines 22-23; pg. 3 at line 25; pg. 4 at 

line 1; pg. 4 at lines 3-4; pg. 4 at lines 6-11; pg. 4 at line 14; pg. 4 at lines 17-24; pg. 5 at lines 1-9; 

pg. 5 at lines 11-24; pg. 7 at line 1; pg. 7 at line 9; pg. 7 at lines 13-16; pg. 7 at lines 18-23; pg. 7 at 

line 28; pg. 8 at lines 1-6; pg. 8 at line 8; pg. 8 at lines 12-15; pg. 8 at line 17; pg. 8 at lines 22-23; 

pg. 8 at lines 26-27; pg. 9 at lines 10-13; pg. 9 at line 24; pg. 10 at lines 9-11, select portions of 

Exhibit C, and the entirety of Exhibits B, and D-I to the Declaration of Jennifer H. Forte In Support 

of Cisco’s Motion. 

These select portions quote from materials that where either designated in their entirety by 

Plaintiff Finjan as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or reflect 

information from which confidential and proprietary financial information of Cisco could be 

ascertained. See Declaration of D. Stuart Bartow in Support of Administrative Motion to File 

Documents Under Seal (“Bartow Declaration”), ¶¶ 3-4. Public disclosure of this information could 

cause irreparable harm. See also Andrx Pharms., LLC v. GlaxoSmithKline, 236 F.R.D. 583, 586 

(S.D. Fla. 2006) (“Courts dress technical information with a heavy cloak of judicial protection 

because of the threat of serious economic injury to the disclosure of scientific information.”); 

Network Appliance, Inc. v. Sun Microsys. Inc., 2010 WL 841274, at *5 (N.D. Cal. Mar. 10, 2010) 

(granting application to seal “information regarding NetApp’s internal usability testing of its 

software”). 

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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

Cisco’s administrative motion is narrowly tailored and only seeks to seal the select portions 

of Cisco’s Motion and associated exhibits that materials that where either designated in their 

entirety by Plaintiff Finjan as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or 

reflect information from which confidential and proprietary financial information of Cisco could be 

ascertained. See Kowalsky v. Hewlett-Packard Co., 2012 WL 892427, *2 (N.D. Cal. Mar. 14, 2012) 

(finding sealing appropriate where “[t]he proposed redactions contain[ed] . . . confidential product 

development information, the disclosure of which could harm [the defendant's] competitive 

advantage in the marketplace.”). 

III. CONCLUSION

For these reasons, Cisco respectfully requests that the Court grant its Administrative Motion 

to Seal.

Dated: August 21, 2019 Respectfully submitted,

/s/ D. Stuart Bartow

D. Stuart Bartow (CA SBN 233107)

dsbartow@duanemorris.com

2475 Hanover Street

Palo Alto, CA 94304-1194

Telephone: 650.847.4146

Facsimile: 650.847.4151

L. Norwood Jameson (admitted pro hac vice)

Email: wjameson@duanemorris.com

Matthew C. Gaudet (admitted pro hac vice)

Email: mcgaudet@duanemorris.com

David C. Dotson (admitted pro hac vice)

Email: dcdotson@duanemorris.com

John R. Gibson (admitted pro hac vice)

Email: jrgibson@duanemorris.com

Jennifer H. Forte (admitted pro hac vice)

Email: jhforte@duanemorris.com

1075 Peachtree Street, Ste. 2000

Atlanta, GA 30309

Telephone: 404.253.6900

Facsimile: 404.253.6901

Joseph A. Powers (admitted pro hac vice)

Email: japowers@duanemorris.com

Jarrad M. Gunther (admitted pro hac vice)

Email: jmgunther@duanemorris.com

30 South 17th Street 

Philadelphia, PA 19103

Telephone: 215.979.1000

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 8 of 9
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DEFENDANT CISCO SYSTEMS, INC.’S ADMINISTRATIVE MOTION TO FILE UNDER SEAL 

CASE NO. 5:17-CV-00072-BLF-SVK

Facsimile: 215.979.1020

Attorneys for Defendant

CISCO SYSTEMS, INC.

DM2\10378530.1

Case 5:17-cv-00072-BLF Document 325 Filed 08/22/19 Page 9 of 9