Keeping Other People’s Secrets: Motions to Seal

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In Corning Gilbert Inc. v. PPC Broadband, Inc., IPR2013-00347, Paper 32, IPR 2013-00340, Paper 34 (April 3, 2014), the Board instructed the parties two try again to resolve their issues before it ruled on their motions to seal.  The Board remindered the parties that determining a motion to seal involves striking a balance between the public’s interest in maintaining a complete and understandable file history and the parties’ interest in protecting truly sensitive information. See Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012). A proper Motion to Seal must address the public’s interest in that regard, and should not end with merely establishing that the information sought to be sealed is confidential business information.


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