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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FINJAN, INC.,

Plaintiff,

v.

CISCO SYSTEMS INC.,

Defendant.

Case No. 17-cv-00072-BLF (SVK)

ORDER ON MOTIONS TO SEAL

Re: Dkt. Nos. 491, 507, 523

The Administrative Motions to File Documents Under Seal currently before the Court 

include motions filed by Plaintiff Finjan, Inc. (Dkt. 507) and Defendant Cisco Systems Inc. (Dkt.

491 and 523) (collectively, the “Motions”) seeking to seal certain materials submitted to the Court 

in connection with Cisco’s Motion to Strike Portions of Finjan’s Amended Expert Report on 

Infringement of Patent No. 7,647,633. 

Courts recognize 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 Communs., Inc., 435 U.S. 589, 597 & n.7 

(1978)). A request to seal court records therefore starts with a “strong presumption in favor of 

access.” Kamakana, 447 F.3d at 1178 (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 

1122, 1135 (9th Cir. 2003)). The standard for overcoming the presumption of public access to 

court records depends on the purpose for which the records are filed with the court. A party 

seeking to seal court records relating to motions that are “more than tangentially related to the 

underlying cause of action” must demonstrate “compelling reasons” that support secrecy. Ctr. For 

Auto Safety v. Chrysler Grp., 809 F.3d 1092, 1099 (9th Cir. 2016). For records attached to 

motions that re “not related, or only tangentially related, to the merits of the case,” the lower 

“good cause” standard of Rule 26(c) applies. Id.; see also Kamakana, 447 F.3d at 1179. A party 

Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 1 of 9
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moving to seal court records must also comply with the procedures established by Civil Local 

Rule 79-5. 

Here, the “good cause” standard applies because the information the parties seek to seal 

was submitted to the Court in connection with a discovery-related motion, rather than a motion

that concerns the merits of the case. Having considered the Motions and supporting declarations, 

as well as the Declaration of Nicole Grigg (Dkt. 520) in support thereof, and the pleadings on file, 

and good cause appearing, the Motions are hereby GRANTED as follows:

Dkt. 491: Cisco’s Administrative Motion to File Under Seal

Ex. No. Document Portion(s) to 

Seal Reason(s) for Sealing

Cisco Systems, Inc.’s 

Notice Of Motion And 

Motion To Strike 

Portions Of Finjan’s 

Amended Expert 

Report On 

Infringement Of Patent 

No. 7,647,633

GRANTED 

as to 

highlighted 

portions at:

page i, lines 16, 

25;

page 3, lines 11-

14; 16-20, 26;

page 4 lines 2-3;

page 5 line 10;

page 7 lines 10-

11, 17-18;

page 8 line

18/19 (to be

clear, Cisco is

not seeking to

seal the

highlighted

phrase:

“parameters to

run the sample

file or URL”

which was

highlighted to

direct the Court

to that particular

phrase);

page 10 lines 9-

10, 12, 14, 17,

21-22

Portions of this document 

contain confidential technical 

information and source code 

related to the accused Cisco 

products and Finjan’s expert’s 

analysis thereof. Public 

disclosure of this information 

would cause harm to Cisco. 

Redactions are narrowly tailored. 

See Grigg Decl. (Dkt. 491-1) at ¶ 

3.

Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 2 of 9
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Ex. 1 Appendix C1 from 

Finjan’s operative 

infringement 

contentions dated 

November 30, 2017

GRANTED 

as to entire 

document

This document contains 

confidential technical 

information and source code 

related to the accused Cisco 

products. Public disclosure of 

this information would cause 

harm to Cisco. See Grigg Decl. 

(Dkt. 491-1) at ¶ 3.

Ex. 2 Appendix C3 from 

Finjan’s operative 

infringement 

contentions dated 

November 30, 2017

GRANTED 

as to entire 

document

This document contains 

confidential technical 

information and source code 

related to the accused Cisco 

products. Public disclosure of 

this information would cause 

harm to Cisco. See Grigg Decl. 

(Dkt. 491-1) at ¶ 3.

Ex. 3 Excerpts from the 

“Amended Expert 

Report of Nenad 

Medvidovic, Ph.D. 

Regarding 

Infringement . . . of 

Patent No. 7,647,633”

GRANTED 

as to entire 

document

This document contains 

confidential technical 

information and source code 

related to the accused Cisco 

products and Finjan’s expert’s 

analysis thereof. Public 

disclosure of this information 

would cause harm to Cisco. 

See Grigg Decl. (Dkt. 491-1) at 

¶ 3.

Ex. 4 Appendix C1 from

Finjan’s proposed

supplemental

infringement 

contentions dated April 

19, 2019

GRANTED as to 

entire document

This document contains

confidential technical information 

and source code related to the 

accused Cisco products. Public 

disclosure of this information 

would cause harm to Cisco. See

Grigg Decl. (Dkt. 491-1) at ¶ 3.

Ex. 5 Email chain including a 

3/6/20 Email from J. 

Hannah

GRANTED as to 

highlighted 

portions at pages 2, 

3, and 10

The highlighted potions of this 

document contain confidential 

technical information and 

references to source code related 

to the accused Cisco products. 

Public disclosure of this 

information would cause harm to 

Cisco. Redactions are narrowly 

tailored. See Grigg Decl. (Dkt. 

491-1) at ¶ 3.

Ex. 6 2/27/20 Email from J. 

Hannah

GRANTED as to 

highlighted 

portions at pages 2, 

3, 5 and 6

The highlighted potions of this 

document contain confidential 

technical information and 

references to source code related 

to the accused Cisco products. 

Public disclosure of this 

Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 3 of 9
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United States District Court

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information would cause harm to 

Cisco. Redactions are narrowly 

tailored. See Grigg Decl. (Dkt. 

491-1) at ¶ 3.

Dkt. 507: Finjan’s Administrative Motion to File Under Seal

Ex. No. Document Portion(s) to 

Seal

Reason(s) for Sealing

Plaintiff Finjan, Inc.’s 

Opposition To Cisco 

Systems, Inc.’s 

Motion to Strike 

Portions of Dr. Nenad 

Medvidovic’s 

Amended Expert 

Report on 

Infringement of Patent 

No. 7,647,633

GRANTED as to 

highlighted 

portions at: 

Page 6, lines 12-

13; Page 10, lines 

15-16, 17, 19, 20, 

23, 24.

The highlighted portions of this 

document reflect confidential 

information relating to Cisco’s 

products, including confidential 

details relating to the design 

and operation of Cisco 

products, including its source 

code, which, if publicly 

disclosed, could result in 

competitive harm to Cisco. 

Redactions are narrowly 

tailored. Gregg Decl. (Dkt. 

520) at ¶ 3.

Hannah 

Declaration In 

Support Of 

Plaintiff Finjan, 

Inc.’s 

Opposition To 

Cisco Systems, 

Inc.’s Motion to 

Strike Portions 

of Dr. Nenad 

Medvidovic’s 

Amended 

Expert Report 

on Infringement 

of Patent No. 

7,647,633 

(“Hannah 

Decl.”)

Declaration of James 

Hannah In Support Of 

Plaintiff Finjan, Inc.’s 

Opposition to Cisco 

Systems, Inc.’s 

Motion to Strike 

Portions of Dr. Nenad 

Medvidović Amended 

Expert Report on 

Infringement of Patent 

No. 7,647,633

GRANTED as to 

highlighted 

portions at: 

Page 2, lines 23, 

25

The highlighted portions of this 

document reflect confidential 

information relating to Cisco’s 

products, including confidential 

details relating to the design 

and operation of Cisco 

products, including its source 

code, which, if publicly 

disclosed, could result in 

competitive harm to Cisco. 

Redactions are narrowly 

tailored. Gregg Decl. (Dkt. 

520) at ¶ 3.

Ex. 1 to Hannah 

Decl.

Finjan’s redlined edits 

of Dr. Nenad 

Medvidović’s 

Amended Expert 

Report on 

Infringement of Patent 

GRANTED as to

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 4 of 9
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United States District Court

Northern District of California

No. 7,647,633 served 

December 13, 2019, 

compared to Dr. 

Medvidović’s Expert 

Report on 

Infringement of Patent 

No. 7,647,633 served 

July 11, 2019

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 2 to Hannah 

Decl.

Finjan’s redlined edits 

of Dr. Nenad 

Medvidović’s 

Amended Expert 

Report on 

Infringement of Patent 

No. 7,647,633 served 

March 30, 2020, 

compared to Dr. 

Medvidović’s Expert 

Report on 

Infringement of Patent 

No. 7,647,633 served 

December 13, 2019

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 3 to Hannah 

Decl.

Appendix C3 of 

Finjan’s Infringement 

Contentions, served 

June 22, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 4 to Hannah 

Decl.

Appendix C1 of 

Finjan’s Infringement 

Contentions, served 

November 30, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

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Ex. 5 to Hannah 

Decl.

Appendix C2 of 

Finjan’s Infringement 

Contentions, served 

November 30, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 6 to Hannah 

Decl.

Appendix C3 of 

Finjan’s Infringement 

Contentions, served 

November 30, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 7 to Hannah 

Decl.

Appendix C4 of 

Finjan’s Infringement 

Contentions, served 

November 30, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 8 to Hannah 

Decl.

Appendix C5 of 

Finjan’s Infringement 

Contentions, served 

November 30, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

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Ex. 9 to Hannah 

Decl. 

Appendix C6 of 

Finjan’s Infringement 

Contentions, served 

November 30, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 10 to 

Hannah Decl.

Appendix C7 of 

Finjan’s Infringement 

Contentions, served 

November 30, 2017

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 11 to 

Hannah Decl.

Excerpts from the 

Expert Report of 

Nenad Medvidović, 

Ph.D. Regarding 

Infringement by Cisco 

Systems, Inc. of Patent 

No. 7,647,633, served 

July 11, 2019

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 12 to 

Hannah Decl.

Excerpts from the 

transcript of the 

deposition of the 

Deposition Transcript 

of Dr. Nenad 

Medvidović, taken on 

August 30, 2019

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

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Ex. 13 to 

Hannah Decl.

Excerpts from the 

Second Amended 

Expert Report of 

Nenad Medvidović, 

Ph.D. Regarding 

Infringement by Cisco 

Systems, Inc. of Patent 

No. 7,647,633, served 

March 30, 2020

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Ex. 15 to 

Hannah Decl.

Excerpts from the 

transcript of the 

deposition of Matthew 

Watchinski, taken on 

February 19, 2019

GRANTED as to 

entire document

This document reflects

confidential information 

relating to Cisco’s products,

including confidential details 

relating to the design and 

operation of Cisco products, 

including its source code, 

which, if publicly disclosed, 

could result in competitive 

harm to Cisco. Gregg Decl. 

(Dkt. 520) at ¶ 3.

Dkt. 523: Cisco’s Administrative Motion to File Under Seal

Ex. No. Document Portion(s) to 

Seal Reason(s) for Sealing

Defendant Cisco 

Systems, Inc.’s Reply in 

Support of Motion to 

Strike Portions of 

Finjan’s Amended 

Expert Report on 

Infringement of Patent 

No. 7,647,633

GRANTED 

as to 

highlighted 

portions at:

page 1 lines 9-

10, 15, 17-18;

page 2 line 28;

page 3 lines 4, 6,

10, 12, 16, 18,

19-20, 22, 24,

26, 28;

page 4 line 5

Portions of this document contain 

confidential technical information 

and source code related to the 

accused Cisco products and 

Finjan’s expert’s analysis thereof. 

Public disclosure of this 

information would cause harm to 

Cisco. Redactions are narrowly 

tailored. Decl. (Dkt. 523-1) at ¶ 

2.

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Ex. 1 Transcript of the 

February 19, 2019 

Deposition of Matthew 

Watchinski

GRANTED as to 

entire document

This document contains 

confidential deposition testimony 

relating to technical information 

related to the structure, function 

and operation of the accused 

Cisco products. Public disclosure 

of this information would cause 

harm to Cisco. Grigg Decl. (Dkt. 

523-1) at ¶ 2.

SO ORDERED.

Dated: April 28, 2020

SUSAN VAN KEULEN

United States Magistrate Judge

Case 5:17-cv-00072-BLF Document 585 Filed 04/28/20 Page 9 of 9