IBM Corporation v. Micro Focus, Inc.

Background

The court had recently issued a ruling on Micro Focus’s motion to exclude. On March 18, 2024, Micro Focus filed a pre-motion letter seeking permission to redact that letter and file accompanying exhibits under seal. The court directed IBM to respond, and IBM requested that the court grant Micro Focus’s request. A redacted version of the letter was publicly filed as ECF No. 204. A version available only to selected parties was filed as ECF Nos. 205 and 205-1 through 205-11.

Sealing standard

The court explained that filed documents are subject to a presumption of public access. To overcome that presumption, a court must make specific findings that sealing is necessary to protect higher values and is narrowly tailored to serve that interest. Courts in the district routinely permit sealing or redaction of commercially sensitive information to protect confidential business and financial interests.

Ruling

The court reviewed the proposed redactions and determined that they were narrowly tailored and limited to commercially sensitive information protecting confidential business interests. It therefore requested that the Clerk of Court keep ECF Nos. 205 and 205-1 through 205-11 accessible only to selected parties and close out the filing process for ECF No. 203.

Micro Focus also requested permission to file redacted versions of its motion and reply papers and to seal some accompanying exhibits in their entirety. IBM made a similar request concerning its opposition. Because neither party had responded to the other’s request, the court directed them to submit a joint letter by Friday, May 24, 2024, stating their respective positions on each request. The opinion does not decide those remaining requests.