
"Courts are not private forums for business disputes. They are public institutions, and their records belong to the public. However, courts often allow for massive over-sealing, particularly in patent cases."
"In the case Wilus Institute of Standards and Technology Inc. v. HP Inc., key court filings about Wi-Fi technology were hidden entirely from public view, preventing access to important arguments regarding patent ownership and licensing obligations."
"The Eastern District of Texas frequently permits litigants to seal documents using boilerplate justifications, failing to enforce the necessary standards for sealing that require compelling reasons for secrecy."
Courts are public institutions, and their records should be accessible to the public. However, excessive sealing occurs, particularly in patent cases. The case Wilus Institute of Standards and Technology Inc. v. HP Inc. exemplifies this issue, where key filings regarding Wi-Fi technology were hidden from public view. EFF discovered that many documents were sealed without proper justification, violating the presumption of public access. The Eastern District of Texas often allows this leniency, undermining transparency in litigation and the public's right to information.
Read at Electronic Frontier Foundation
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