PARKERVISION, INC.
v.
QUALCOMM INCORPORATED
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In this procedural order, the court granted defendants' unopposed motion to file portions of their response to a motion for reconsideration under seal, including materials addressing an expert witness's medical information and health and portions of a sealed prior order.
The court granted defendants' unopposed motion for leave to file materials under seal, finding good cause based on the privacy interests in personal medical information and applying the applicable local rules and Eleventh Circuit standards.
[1] Good cause exists to allow the filing of supplemental evidentiary information under seal when it pertains to an expert witness's medical diagnosis.
[2] A court may require information filed under seal to be made public if it is not properly subject to sealing.
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Join FLexlaw to unlock all legal intelligence“The law recognizes a person's privacy interest in their personal medical information.”
The court's basis for finding good cause to seal the materials containing medical information about an expert witness
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Join FLexlaw to unlock all legal intelligenceParkerVision, Inc. and QUALCOMM Incorporated are parties to a civil litigation. Defendants sought to file their unredacted response to Plaintiff's mot…
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Before the Court is Defendants' Unopposed Motion for Leave to File Under Seal Certain Portions of and Exhibits to Qualcomm's Response to ParkerVision's Motion for Reconsideration of the Court's December 9, 2024 Order. Doc. No. 772. Defendants, without opposition from Plaintiff, seek to file under seal their unredacted response to Plaintiff's motion for reconsideration and related exhibits, which address the medical information and health of an expert witness and include portions of a sealed Order. Id.; see also Doc. No. 726. Based on the representations in the motion, having considered Local Rule 1.11 and the Eleventh Circuit's standard for sealing, and for reasons similar to those previously set forth in prior Orders, see Doc. Nos. 466, 771, the Court finds good
cause to allow Defendants to file these materials under seal. See Clark v. FDS Bank, No. 6:17-cv-692-Orl-41TBS, 2018 WL 6503583, at *2 (M.D. Fla. Dec. 11, 2018) (“The law recognizes a person's privacy interest in their personal medical information.").
Accordingly, it is ORDERED as follows:
1. Defendants' Unopposed Motion for Leave to File Under Seal Certain Portions of and Exhibits to Qualcomm's Response to ParkerVision's Motion for Reconsideration of the Court's December 9, 2024 Order (Doc. No. 772) is GRANTED.
2. On or before March 3, 2025, Defendants shall separately file the documents described in the motion under seal.
3. Upon review, the Court may require that some or all of the information filed under seal be filed in the public record, if it determines that the information is not properly subject to sealing. Otherwise, this seal shall not extend beyond ninety (90) days after the case is closed and all appeals exhausted. See Local Rule 1.11(e).
DONE and ORDERED in Orlando, Florida on February 25, 2025.
LESLIE HOFFMAN PRICE UNITED STATES MAGISTRATE JUDGE
Copies furnished to:
Counsel of Record Unrepresented Parties