Oral argument video in a case over whether Uniloc 2017 LLC can keep documents sealed in patent litigation against Apple Inc. should be released to the public, the Electronic Frontier Foundation told the Federal Circuit.
Providing livestreamed or prerecorded video of the April 8 argument “would send a powerful message about this court’s commitment to protecting the public’s right of access in patent cases,” the digital rights group told the U.S. Court of Appeals for the Federal Circuit.
The public deserves access to the video because Uniloc’s “prolific patent litigation practically ensures the same issues will come up in other cases,” the group said in a motion.
The Federal Circuit currently posts same-day audio-only recordings of its hearings. A growing number of federal appeals courts have started livestreaming or posting video of their arguments for the sake of transparency.
Uniloc sought to seal documents in its infringement suit against Apple in the U.S. District Court for the Northern District of California. The trial court denied the motion in response to an EFF request. EFF intervened at the Federal Circuit after Uniloc appealed.
Uniloc argues the documents should be sealed to protect financing and licensing information that “indisputably” qualifies as trade secrets. “Disclosure of this detailed information would give Uniloc’s future licensing partners an unfair, asymmetric advantage in negotiations,” it said in its opening brief.
Prince Lobel Tye LLP in Boston represents Uniloc. Goldman Ismail Tomaselli Brennan & Baum LLP represents Apple.
The case is Uniloc 2017 LLC v. Apple, Inc., Fed. Cir., No. 19-1922, motion 3/9/20.