July 3, 2022

Volume XII, Number 184

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June 30, 2022

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Plaintiff’s Third-Party Patent Licensing Information Can Be Sealed from Public View

In Uniloc USA, Inc. v. Apple Inc., No. 21-1568 (Fed. Cir. Feb. 9, 2022), the Federal Circuit vacated and remanded the district court’s denial of Uniloc’s request to seal third-party licensing information between Uniloc and its financier.

In a prior appeal, Uniloc appealed the district court’s denial of its request to seal documents. The Federal Circuit affirmed the denial, except for documents relating to third-party licensing information. The Federal Circuit remanded and requested the district court to make a particularized determination as to whether the information should be sealed. The district court denied the request to seal again.

In the present appeal, the Federal Circuit held that the district court failed to follow the remand instructions to make a particularized determination because it did not assess whether any of the third-party information was protectable as a trade secret or otherwise entitled to protection under the law. The Federal Circuit explained that the public’s interest in patents is in ensuring that patents are not procured by fraud, or other improper means. The public does not have a broad right to access patent licensing information. Therefore, the Federal Court held that the district court abused its discretion and remanded once again.

© 2022 Finnegan, Henderson, Farabow, Garrett & Dunner, LLPNational Law Review, Volume XII, Number 46
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About this Author

Law Clerk

Angeline Premraj is a law clerk in Finnegan’s Washington, DC office.

202-408-4174
Esther H. Lim Patent Litigation Attorney Finnegan Law Firm Washington, DC
Partner

Esther Lim has twenty-five years of experience in patent litigation, portfolio management, licensing, and counseling. She has litigated extensively before federal district courts, the International Trade Commission (ITC), and the U.S. Court of Appeals for the Federal Circuit (CAFC) in complex matters involving a wide range of technologies from electrical to mechanical to pharmaceutical. Esther served as the founding managing partner of Finnegan’s Shanghai office. She is the past president of the D.C. Bar with 110,000 members.

Over two decades of diverse professional endeavors and...

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Elizabeth Ferrill Patent Attorney Finnegan Law Firm
Partner

Elizabeth Ferrill is an “undisputed expert on design patents” who is “always updated and enlightening others with her deep knowledge,” “very involved in the design bar,” and “gives her clients an outstanding service” as noted in Intellectual Asset Management Patent 1000. She focuses her practice on all aspects of design patents, including prosecution, counseling, post-grant, and litigation.

Elizabeth counsels clients who hold design patents as well as those accused of infringement. She has experience with design patents related to consumer and industrial products, medical...

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Christina Ji-Hye Yang Patent Litigation Attorney Finnegan Law Firm Washington, DC
Associate

Christina Ji-Hye Yang focuses her practice on patent litigation and client counseling in the areas of biotechnology and pharmaceuticals, with particular emphasis on Abbreviated New Drug Application (ANDA) cases.

Christina is involved in all phases of litigation, including pre-litigation analysis, fact discovery, and expert discovery. She also has experience in Section 337 litigation at the International Trade Commission (ITC) and post-grant proceedings at the Patent Trials and Appeals Board (PTAB), including inter partes reviews (IPRs). Christina has also advised clients in...

202-408-4465
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