Judge Orders Public Filing After Receiving a “Recycled Brief” in Support of a Second Attempt at a Motion to Seal
Eastern District of Pennsylvania Judge Joshua D. Wolson, sitting by designation in the District of Delaware case that Stragent, LLC filed against Volvo in March 2022, recently ordered the court clerk to unseal a joint appendix attached to Volvo’s “Motion for Summary Judgment of Noninfringement and No Willful Infringement”. Per a later motion to reseal portions of it, that appendix contains “proprietary technical, commercial, and business information” that “could seriously impair and injure Volvo’s competitive posture in the marketplace”. The unsealing occurred because counsel for Volvo, after being warned that its original request to seal fell short, filed a “recycled brief” that treated sealing from the public “as an afterthought, rather than as a significant request that requires a substantial showing”.