Viavi Solutions Inc. v. Platinum Optics Technology Inc.

Background

Viavi Solutions Inc. filed an administrative motion to seal. The motion concerned documents submitted in connection with a motion to lift a stay following denial of inter partes review institutions. The court considered Viavi’s motion, the documents proposed for sealing, the parties’ arguments and written submissions, applicable law, and the case record.

Court’s reasoning

The court applied the “compelling reasons” standard for sealing court records. It found that the documents contained confidential and proprietary business information and that disclosure could create a risk of injury because competitors could use the information to gain a competitive advantage in the marketplace.

Ruling

The court granted Viavi’s motion to seal. It ordered the following documents to be filed under seal in their entirety:

- Hector Declaration, Exhibit 3, described as a Viavi agreement; - Hector Declaration, Exhibit 4, described as a Viavi agreement; - Hector Declaration, Exhibit 5, described as a Viavi business document; - Hector Declaration, Exhibit 6, described as a Viavi agreement; and - Hector Declaration, Exhibit 7, described as a Viavi business document.

The order states that these materials contain confidential information about Viavi’s business strategy and relationships with third parties. The table also contains a separate “Lift Stay” entry referring to the parties and their confidential business information, but the excerpt’s formatting does not clearly identify the full scope of the materials covered by that entry.

Effect of the order

The order addressed only the sealing request. It did not decide the underlying dispute between Viavi Solutions Inc. and Platinum Optics Technology Inc. The order was signed by Judge Edward J. Davila on October 20, 2021.