Garmin Int’l, Inc. v. Cuozzo Speed Techs LLC
IPR2012-00001, Paper No. 34, March 14, 2013
Patent No. 6,778,074
[Motion to Seal denied where no certification moving party conferred with opposing party]
Patent owner Cuozzo filed a motion to seal the documents contained in two exhibits.
A motion to seal can only be granted “for good cause”, and only confidential information is protected from disclosure. Cuozzo, as the moving party, had the burden of proof in showing that it was entitled to such relief.
The Board stated that it must know why the information sought to be placed under seal constituted confidential information. The Board concluded that Cuozzo was unable to sufficiently explain why the documents were confidential and why there was good cause to grant the motion to seal. While the denial of Cuozzo’s motion to seal would normally result in immediately unsealing the material Cuozzo wished to seal, the Board instead allowed Cuozzo opportunity to either supplement, revise, or withdraw its motion.
The Board adopts the strong public policy for making public information that takes place in quasi-judicial administrative proceedings, especially in inter partes reviews, where the outcome may affect the rights of the public. While the Board is strict on its criteria for allowing parties to seal certain papers filed in an inter partes review, it is willing to do so when the party seeking such action has met its burden of explaining why the information is confidential and why there is good cause for granting the motion. Cuozzo was unable to do so in this proceeding.
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