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Another Order Limiting Redaction of Trial Transcript

By Michael C. Smith

IP Innovation v. Red Hat, 2:07cv447 (9/21/10)

Judge: Randall Rader

Holding: Motion for Redactions to Trial Transcript DENIED

Last week I posted on Judge Davis' order noting that redactions of trial transcripts were to be for personal identifiers, and should not be used to wholesale redact technical or or previously confidential information.  That order was actually preceded by an order by Federal Circuit Chief Judge Randall Rader sitting as a district judge in his Eastern District case, IP Innovation v. Red Hat.  In an order issued September 21, Judge Rader rejected the defendant's attempt to redact references to Xerox' license agreements to the patents in suit, noting that no request to close the courtroom was made during trial and that "the public should have access to the contested portions of the trial transcript and the admitted trial exhibits. In recent years, the U.S. Court of Appeals for the Federal Circuit has expressed increased interest in patent damages methodologies and the probative value of prior license agreements.  The trial testimony in this case highlighted the parties? differing damages methodologies and treatments of prior license agreements to the patents-in-suit. Public access to such testimony provides the public with a more complete understanding of the damages methodology in this patent infringement case. This court?s rulings on damages issues and its discussions with the damages experts regarding the license agreements may also be relevant to future litigants in preparing their damages cases."

(Internal citations omitted).

Full post as published by Eastern District of Texas Federal Court Practice on November 08, 2010 (boomark / email).