Trade Secret Litigation

Courts recognize a right of access to public records and documents to facilitate the public's interest in keeping a watchful eye on the operation of government. The public's right of access creates a risk that trade secret information involved in litigation may be disclosed to the public v...

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Bibliographic Details
Published in:The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2006-09, Vol.12 (5), p.33
Main Authors: Faulkner, York M, R Whitney Johnson
Format: Article
Language:English
Subjects:
Bankruptcy laws
Business information
Confidentiality
Federal court decisions
Intellectual property
Judicial process
Litigation
Public interest
Public records
Restraining orders
State court decisions
Trade secrets
Trials
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Summary:Courts recognize a right of access to public records and documents to facilitate the public's interest in keeping a watchful eye on the operation of government. The public's right of access creates a risk that trade secret information involved in litigation may be disclosed to the public via the judicial record. A court's power to circumscribe the public's right of access may be exercised in at least three situations. 1. A court issues a protective order when it determines that good cause exists to protect information produced during discovery. 2. A court may circumscribe the public's right of access is in the context of dispositive motions. 3. A court may circumscribe the right of access --determining post trial whether evidence presented at trial should remain permanently sealed. While corporate confidential information is not always treated so loosely, it is important to recognize the risks of taking trade secrets to trial or final adjudication.
ISSN:1086-914X