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EFF Presses Federal Circuit to Make Patent Case Filings Public
Federal court records belong to everyone. But one federal court in Texas lets patent litigants treat courts like their own private tribunals, effectively shutting out the public.When EFF tried to intervene and push for greater access to a patent dispute earlier this year, the U.S. District Court...
Rather than protect public access, the district court permitted the parties to file vast swaths of material under seal, some of which remains completely secret or is so heavily redacted that EFF cannot understand legal arguments and evidence used in denying Charter’s license defense. If the decision is upheld, many court dockets, including those with significant historic and newsworthy materials, could become permanently sealed merely because the public did not try to intervene and unseal records while the case was open. “To protect just the sort of journalism described above, the overwhelming weight of authority holds that the press and public may intervene to unseal judicial records months, years, or even decades later—including, as here, where the parties might have hoped a case was over,” the brief argues.
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