Description of cases with sealed settlement agreements
posted on
Jan 03, 2010 03:02PM
http://www.fjc.gov/public/pdf.nsf/lookup/sealset3.pdf/$file/sealset3.pdf
Iomega Corp. v. Castlewood Systems Inc. (UT 1:99-cv-
00080 filed 07/06/1999).
Patent infringement action by a data storage
manufacturer. The case settled. The defendants
failed to fulfill their obligations under the settlement
agreement. The plaintiffs filed a sealed motion
for entry of a stipulated judgment pursuant
to the settlement agreement. The judgment later
was unsealed. For the defendants’ failing to make
the $10,000 payment by the date specified in the
settlement agreement, the court awarded the
plaintiffs $1,775,000 in damages plus attorney
fees.
MCI Communications Corp. v. Essential Voice
Computing Inc. (VA-E 3:00-cv-00105 filed
02/25/2000).
Patent infringement action involving a telephonebased
personnel tracking system. Three months
after a settlement agreement was reached, the defendants
refused to execute the final documents.
The plaintiff filed a motion to enforce the settlement
agreement, and the court granted a motion
to seal the motion because it contained settlement
terms. The court ordered a consent judgment with
a permanent injunction. The court retained jurisdiction
to enforce the consent judgment and permanent
injunction
Sun Microsystems Inc. v. Dataram Corp. (CA-N 4:02-
cv-01010 filed 08/29/1996).
Patent action concerning single in-line memory
modules. A settlement agreement was put on the
record at a settlement conference before a magistrate
judge. One month later, the defendant
moved ex parte to preempt the plaintiff’s planned
motion before the district judge to enforce the settlement
agreement, arguing that the district judge
should be shielded from matters of settlement
negotiations. The magistrate judge recused herself
because she had become “too close to the parties
and the issues in this case,” and the motion to enforce
was filed under seal and heard by a second
magistrate judge. He denied the motion to enforce
by sealed order. After three more months of litigation,
the case was dismissed by stipulated
sealed order. A year and a half later the defendant
filed a sealed motion to enforce a settlement
agreement. Six months later the case again was
dismissed by stipulated order.
SanDisk Corp. v. Viking Components Inc. (CA-N
3:01-cv-01816 filed 05/01/2001).
Patent infringement action concerning electronic
flash memory cards. The parties stipulated to an
injunction preventing the defendant from selling
flash memory cards that include any of enumerated
models of flash memory controllers. The
stipulated injunction states that the court will retain
jurisdiction to enforce a settlement agreement
to be filed under seal and incorporated by reference
into the injunction. The day after the judge
signed the stipulated injunction, a settlement
agreement was filed under seal pursuant to an
order granting permission to do so.