Be Careful with Your “Confidential” Markings in Federal Circuit Briefs

This is an interesting sound bite from the oral argument of ESN, LLC v. Cisco Systems, Inc. et al., 2010-1185 (Fed. Cir. Oct. 8, 2010).  Judges Prost,  Rader, and Dyk commented on the trend by parties filing briefs at the Federal Circuit to mark a lot of the material as “Confidential.”   Judge Dyk characterized excessive confidential markings in appeal briefs as an “absolute plague.”  Chief Judge Rader indicated the court might just go ahead and use the “confidential” material in its opinion anyway, if it needed to do so . . . .  The panel ultimately issued a Rule 36 opinion; so, no confidential material was published by the court.

You can listen to Judges Prost and Dyk and Chief Judge Rader comment here:  [Listen].

This entry was posted on Thursday, October 21st, 2010 at 5:28 pm and is filed under Uncategorized. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.

One Response to “Be Careful with Your “Confidential” Markings in Federal Circuit Briefs”

  1. Order to Show Cause « 717 Madison Place says:
    December 11, 2010 at 7:21 pm

    […] A few weeks ago, I noted that Judge Dyk had commented that the improper use of ”Confidential” markings in appeal briefs was an “absolute plague.” [Link]. […]