EFF Seeks to Unseal Secret Patent Litigation in Key Technology Case

In a groundbreaking move, the Electronic Frontier Foundation (EFF) has filed a motion to intervene in a high-profile patent case between Entropic Communications, LLC and Charter Communications, Inc. The case, which deals with patents that could impact the Data Over Cable Service Interface Specifications (DOCSIS) standard, has been shrouded in secrecy, with both parties sealing much of their dispute from public view.

EFF argues that this level of secrecy is improper and goes against the public’s right to access legal proceedings. The organization, represented by the Science, Health & Information Clinic at Columbia Law School, is seeking to unseal a variety of legal briefs and evidence submitted in the case, highlighting the importance of transparency in patent litigation.

Protective orders, which are commonly used in litigation to protect sensitive information exchanged between parties, cannot override the public’s First Amendment rights to access court records, according to EFF. The organization is pushing back against the trend of parties in patent litigation seeking to seal information that should be public, emphasizing the broader implications of the case for cable internet modems worldwide.

With the potential for Entropic to sue more cable modem makers in the future, the outcome of this case could have far-reaching consequences for the technology industry. EFF’s motion aims to shed light on the claims and defenses at stake, as well as the extent of Entropic’s patents in relation to cable modem technology.

EFF expresses gratitude to Columbia Law School’s Science, Health & Information Clinic for their representation in this case, underscoring the importance of upholding transparency and public access in legal proceedings. As the fight for openness and accountability continues, EFF remains committed to ensuring that the public’s right to information is protected in patent litigation and beyond.