Tuesday, November 20, 2012

Sanctions Order Unsealed Following Jury Verdict

The court granted plaintiff's motion to unseal documents related to a sanctions order that were sealed to avoid tainting the jury. "Although the patent trial has concluded, Defendants assert that the same reasons for denying the prior motion require that the Sanctions Order remain under seal. However, the jury has already returned a verdict in the parties’ patent dispute. Moreover, the antitrust trial, docketed to begin [late next year], is still quite remote, and the opportunity for voir dire examination will serve to eliminate any jurors who may have been prejudiced by the unsealing of the Sanctions Order. The Court concludes that the potential for prejudice in the antitrust matter does not justify maintaining the Sanctions Order under seal."

Monsanto Company, et. al. v. E.I. Dupont De Nemours and Company, et. al., 4-09-cv-00686 (MOED November 16, 2012, Order) (Webber, J.).

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