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Court May Force Apple to Publicize Sealed Financial Information

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Media organizations join the court fight.

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If the Federal Circuit upholds Koh's August 9 order then it will lift the stay on the current order by Koh, since "they are subject to exactly the same analysis." Similarly, the Federal Court approving the current order will lift the stay on the August 9 order.

Apple has deemed other documents and court evidence worthy of hiding. It claims as confidential proposed redactions to the Damages Motion, proposed redactions to the Musika Declaration, several exhibits of the Musika Declaration, the proposed redactions to the Robinson Declaration, and Exhibit 30 to the Robinson Declaration.

One exception was made for data from the IDC. Koh allowed Apple to seal this information because "the public's interest in this information about the smartphone market generally is not especially great." Furthermore, the unsealing of the data could hurt the IDC's "ability to sell its reports to other customers."

Media Interest in the Case

The media has expressed its interest in the case by becoming involved. Reuters hired its own attorney to intervene in the case and filed its own motions requesting the unsealing of certain documents.

The First Amendment Coalition, or FAC, filed its own friend-of-the court brief, supporting Koh's decision. Its brief stated that Apple's data doesn't hold true trade secrets. (View the brief here.)

The Reporters Committee for Freedom of the Press also filed a friend-of-the-court brief arguing to unseal the documents. Seven news organizations joined the brief, namely the American Society of Editors, Bloomberg, Dow Jones & Co., Gannett Co. (NYSE:GCI), The New York Times (NYSE:NYT), Society of Professional Journalists, and the Washington Post (NYSE:WPO). (View the brief here.)

There has been no information on when the Federal Circuit plans to release its decision.

Twitter: @ChrisWitrak
No positions in stocks mentioned.
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