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Psystar Files Its Appeal by Mail and a Notice of Filing Under Seal

By Pamela Jones et al.

Psystar has just filed its notice of filing under seal [PDF] with the US Court of Appeals for the Ninth Circuit, saying that it's mailing in its opening brief and that the district court requires sealing:

Appellant Psystar Corporation hereby gives notice that it is today filing by mail its opening brief and record excerpts under seal. The order from the district court requiring sealing is attached to this notice.

I don't read that order as requiring sealing of all documents, but since I don't know what in the world Psystar has put in its appeal brief, I'll show you the order [PDF] referenced, and you can read it for yourself. My assumption is that eventually we will get to read the appeal brief, if not the sealed excerpts. The wording's not yet totally clear to me, but that makes the most sense. Here's the rule on exceptions to the general rule about filing electronically, number 9 on the list.

The parties stipulated to [PDF] a protective order, but notice the title of Judge William Alsup's order is "Order Approving Stipulated Protective Order Subject to Stated Conditions". The stated conditions, as I read them, are that the parties were to seal as little as possible, so that is why I am assuming Psystar can't file its opening brief 100% under seal.

Full post as published by Groklaw on May 18, 2010 (boomark / email).