Federal Circuit Holds That Companies May Keep Confidential Information Sealed In Pre-Trial And Post-Trial Motions

On August 23, 2013, the Federal Circuit issued its opinion in Apple v. Samsung (available here). Apple had sought to seal the following categories of information: (1) confidential financial information; (2) confidential source code and schematics; (3) proprietary market research reports; and (4) confidential licensing information.

Samsung sought to seal information falling within the categories of: (1) confidential financial information; (2) confidential source code; (3) future business plans; and (4) information disclosing its tax accounting procedures.

The district court denied the parties’ request to seal “documents disclosing the parties’ product specific profits, profit margins, unit sales, revenues, and costs, as well as Apple’s own proprietary market research reports and customer surveys and the non-price terms of licensing agreements.”

The Federal Circuit held that the district court abused its discretion in denying the parties’ requests to seal these documents. The Federal Circuit concluded that “Apple and Samsung have a significant interest in preventing the release of their detailed financial information” and noted that “the financial information at issue was not considered by the jury and is not essential to the public’s understanding of the jury’s damages award.”

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