Select Research Ltd. v. Amazon.Com, Inc.

Background

The order concerns Exhibits A and B to a declaration filed in support of Select Research, Ltd.’s opposition to Amazon’s motion to dismiss. Amazon asked the court to keep the exhibits sealed. Amazon said the exhibits were letters dated January 7, 2021, and February 6, 2021, from its counsel to Select Research’s prior counsel. According to Amazon, the letters contained proprietary information covered by a December 21, 2020 confidentiality agreement.

Amazon described the exhibits as containing confidential technical information and supporting documentation about how the Amazon Halo product was developed and how it works, including images from a confidential internal Amazon document. Amazon argued that public access could allow competitors to learn about its research and development process and harm its competitive position.

Legal Standard

The court noted that the public’s presumed right to access judicial documents is not absolute. A request to restrict access may be granted when it is narrowly tailored to protect legitimate interests that outweigh public access. The court also stated that an agreement between parties to keep information confidential, by itself, is not enough to justify sealing a judicial document.

Ruling

Judge Jesse M. Furman temporarily granted the parties’ motions to seal. The court did not make a final determination that Exhibits A and B must remain sealed or be redacted. Instead, it stated that it would assess whether to keep the materials sealed or redacted when deciding the underlying motion. The Clerk of Court was directed to terminate ECF Nos. 47 and 49.