"The Federal Circuit has dismissed an appeal by the Electronic Frontier Foundation (EFF) seeking to unseal summary judgment briefing in a patent dispute involving standard-essential patents for cable modem technology. Entropic Communications, LLC v. Charter Communications, Inc., No. 24-1896 (Fed. Cir. Dec. 17, 2025) (nonprecedential). The CAFed held that the district court did not abuse its discretion in denying EFF's motion for permissive intervention as untimely under Fifth Circuit law."
"The parties filed extensive summary judgment briefing on this issue, with most materials filed under seal pursuant to a protective order the court had entered. According to EFF, more than 40% of Entropic's opening summary judgment brief and 76% of Charter's response were redacted in the public versions. The magistrate judge's report and recommendation, which was filed publicly without redaction, recommended granting Charter's license defense."
The Federal Circuit dismissed EFF's appeal seeking to unseal summary-judgment briefing in Entropic Communications v. Charter Communications. The court held the district court did not abuse its discretion in denying EFF's motion for permissive intervention as untimely under Fifth Circuit law. Because EFF could not establish a right to intervene, the Federal Circuit concluded it lacked jurisdiction to decide whether courts may seal records based solely on parties' confidentiality designations under a stipulated protective order. The dispute arose from Charter's DOCSIS-related FRAND licensing defense and extensive sealed summary-judgment filings, many of which EFF said were heavily redacted.
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