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N.D. Cal.Procedural orderFiled Sept. 16, 2019

Finjan, LLC. v. Cisco Systems Inc.

Judge
Beth Freeman
Docket
5:17-cv-00072
Court
U.S. District Court · Northern District of California
Pages
3
Civil ProcedureIntellectual Property
In one sentence

Finjan v. Cisco Systems, Inc.: Judge Freeman granted Cisco’s motion to seal confidential product information in filings supporting its motion to strike expert reports.

Who this affects

Cisco Systems Inc., whose confidential product information was sealed, and the public, whose access to the specified portions of the filings was restricted.

What happened

In Finjan, Inc. v. Cisco Systems Inc., Cisco asked the court to seal parts of its reply brief and supporting exhibits concerning its motion to strike Finjan’s expert reports on infringement.

The court found compelling reasons to protect the information because it disclosed confidential details about the structure and operation of Cisco’s accused products. It granted the request for specified highlighted portions of the reply and for two exhibits in their entirety.

Judge Beth Labson Freeman ruled that the proposed redactions were narrowly tailored and granted Cisco’s administrative motion to seal at ECF 329.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Finjan, LLC. v. Cisco Systems Inc. · No. 5:17-cv-00072
Judge
Beth Freeman
Date
Sept. 16, 2019

Background

Cisco filed an administrative motion asking to seal portions of its reply brief and exhibits submitted in support of its motion to strike Finjan’s expert reports on infringement. The sealing request was filed at ECF 329.

Legal standard

The court explained that judicial records generally carry a strong presumption of public access. Because the materials concerned a motion more than tangentially related to the underlying case, Cisco had to show compelling reasons for sealing them. The request also had to be narrowly tailored to protect only material that was legally sealable, such as confidential business information or trade secrets.

Ruling

The court found that Cisco had shown compelling reasons to seal certain material and that the proposed redactions were narrowly tailored. It granted the request for the highlighted portions of Cisco’s reply brief at page 4, lines 11–14, 18–19, and 27–28, and page 5, lines 7–8. It also granted the request to seal Exhibit 1 and Exhibit 2 to the supporting declaration in their entirety.

The court reasoned that the documents contained confidential information about the structure and operation of Cisco’s accused products, and that public disclosure could disadvantage Cisco by allowing competitors to use the information. The court therefore granted Cisco’s motion to seal at ECF 329 and stated that no further action was necessary.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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