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ARTICLE · 22 JANUARY 2015

District Court Denies Motion To Seal Trial Transcript

Troutman Pepper Locke LLP
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As an example, the judge pointed to the proposed redaction of one five-line section of the transcript which contained the identity of four plasticizers used by LifeCell.

United StatesIntellectual Property
Dabney Carr IV
Dabney Carr IV
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As we have written before, patent litigants can easily protect confidential proprietary and trade secret information produced in discovery or submitted with pre-trial motions through the use of protective orders and motions to seal, but it is far more difficult to keep trial testimony and exhibits out of the public record. A recent decision from Judge Morgan denying a patent defendant's motion to seal the portions of a trial transcript that revealed the "specific cocktail of ingredients" used in the defendant's products demonstrates just how narrowly the EDVA applies the standards for sealing trial testimony. LifeNet Health v. LifeCell Corp., Case No. 2:13cv486, 2014 U.S. Dist. LEXIS 179930 (E.D. Va. Jan. 9, 2015) (found here).

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