NCR Voyix Corporation v. Embarcadero Technologies Europe Limited

Background

NCR filed an action alleging that Embarcadero breached a March 31, 2023, settlement agreement. According to NCR’s filing, the agreement required Embarcadero to allow NCR continued access to software that NCR had licensed from Embarcadero. NCR said Embarcadero had threatened to deactivate that access and that NCR was preparing an emergency request for a temporary restraining order.

Sealing request

NCR asked for permission to file the settlement agreement under seal, meaning outside the public record. As an alternative, NCR asked to redact three categories of information: the amount NCR paid Embarcadero for releases, Embarcadero’s bank-account number, and pricing data for new licenses. NCR relied on the agreement’s confidentiality provision and argued that the financial information was not publicly available. NCR had filed a copy with proposed redactions highlighted and had not yet conferred with Embarcadero because it was preparing the emergency request.

Ruling

The court marked the application “GRANTED” and “SO ORDERED.” Judge John G. Koeltl’s order, as presented in the opinion text, does not separately state whether the ruling authorized sealing the entire settlement agreement, the proposed redactions, or both. The text does not decide NCR’s underlying breach claim or its requested temporary restraining order.