NCR Voyix Corporation v. Embarcadero Technologies Europe Limited

Application

Embarcadero Technologies Europe Limited, the defendant and counterclaim plaintiff, asked the court for permission to redact portions of its reply memorandum supporting its motion for summary judgment. The application concerned quotations from three categories of material:

- Emails produced by NCR Voyix Corporation in discovery and marked confidential; - The parties’ March 31, 2023 Settlement and Release Agreement; and - The declaration of Stephen Ball submitted in opposition to NCR’s motion for summary judgment.

Reasons Given

Embarcadero stated that the settlement agreement was subject to a confidentiality provision and contained commercially sensitive terms, including a settlement amount and negotiated license pricing. It stated that quotations from the Ball declaration would reveal commercially sensitive information about Embarcadero’s technology. The letter also noted that the court had previously permitted the settlement agreement and the Ball declaration to be filed under seal in this litigation.

Under the parties’ agreed protective order, Embarcadero sought to redact quotations from the confidential discovery documents first, so NCR could decide whether to seek sealing of those materials. The letter stated that the parties had met and conferred and that NCR consented to the application.

Ruling

Judge John G. Koeltl granted the application. The ruling permitted the requested redactions in Embarcadero’s reply in further support of its motion for summary judgment. The opinion text does not state that the court independently addressed the merits of the underlying summary-judgment motion.