GlobalFoundries U.S. Inc. v. International Business Machines Corporation
- Kenneth Karas
- 7:23-cv-03348
- U.S. District Court · Southern District of New York
- 2
GlobalFoundries v. IBM: Judge Krause required Intel to submit sealed evidence before deciding its transcript-redaction request.
Intel Corporation, which must provide a sealed affidavit supporting its request for transcript redactions; GlobalFoundries U.S. Inc., which may file a sealed response; and the parties and public interested in the March 7, 2024 transcript.
What happened
GlobalFoundries U.S. Inc. v. International Business Machines Corporation involves a request by non-party Intel Corporation to redact information from a transcript of a court conference.
Intel said public disclosure could cause competitive harm. The court said more information was needed before it could decide whether to order the redactions.
Judge Andrew E. Krause ordered Intel to file a sealed affidavit by April 10, 2024, and allowed—but did not require—GlobalFoundries to file a sealed response by April 15, 2024. The order did not decide whether the transcript would be redacted.
The detailed version
- GlobalFoundries U.S. Inc. v. International Business Machines Corporation · No. 7:23-cv-03348
- Kenneth Karas
- Apr. 5, 2024
Background
Non-party Intel Corporation filed a letter motion asking the court to redact portions of the transcript from the March 7, 2024 court conference. Intel argued that publishing the information would cause competitive harm.
Standard and Analysis
The court explained that a party seeking redactions must support the request with competent evidence showing that the transcript reveals trade secrets or other confidential business information and that disclosure would cause clearly defined and serious harm. The court noted that affidavits are often used for this showing. Intel had requested an opportunity to provide a sealed evidentiary submission if the court needed more information.
Order
The court concluded that further information was required before it could order any redactions. It ordered Intel to file, under seal, an affidavit describing the competitive harm it would suffer from publication of the proposed redactions by April 10, 2024. GlobalFoundries was permitted, but not required, to file a sealed response by April 15, 2024. The order did not grant or deny Intel’s redaction request.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.