Thursday, October 22, 2020

CAFC vacates ND Cal order: The district court did not perform the required analysis

From the decision in FINJAN, INC. v. JUNIPER NETWORKS, INC: Courts in the Ninth Circuit “must conscientiously balance the competing interests of the public and the party who seeks to keep certain judicial records secret.” Id. at 1221 (citing Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006)). In Uniloc, for example, we vacated and remanded a portion of an order that “failed to make findings sufficient to allow us to adequately assess whether [the district court] properly balanced the public’s right of access against the interests of the third parties in shielding their financial and licensing information from public view.” 964 F.3d at 1364. We do the same here. The district court did not perform the required analysis. That analysis is not for us to undertake in the first instance. Therefore, we vacate the Unsealing Order and remand for the district court to “make particularized determinations as to whether and, if so, to what extent” the third-party licensing information raised by Finjan should be made public.1 Id.


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