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Competitive Technologies, Inc. v. Fujitsu Ltd.

Citation: 70 F. App'x 581Docket: Nos. 03-1380, 03-1381

Court: Court of Appeals for the Federal Circuit; July 16, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, Fujitsu Limited and Fujitsu Hitachi Plasma Display Limited decided to consent to the dismissal of their appeal, identified as 03-1381. This strategic decision allows them to address pertinent issues in their capacity as appellees without the procedural requirement of filing a cross-appeal. The district court had initially sealed its entire order, but upon review, it was determined that the majority of the document was devoid of confidential information. The Board of Trustees of the University of Illinois successfully identified 14 specific lines within the 56-page document as confidential. Fujitsu contended that even fewer lines should be protected due to prior disclosures, yet the court upheld the University of Illinois' confidentiality designations. Consequently, the University was instructed to provide a redacted, nonconfidential version of the order for inclusion in its brief and the joint appendix. The court's final order included the dismissal of the appeal, a directive for each party to cover its own costs, and a notification to the merits panel about the availability of the redacted district court order.

Legal Issues Addressed

Confidentiality in Judicial Orders

Application: The court determined that most of the district court's order did not contain confidential information and accepted the University of Illinois' designations regarding specific confidential portions.

Reasoning: The district court had previously sealed its entire order, but the court determined that most of it did not contain confidential information.

Costs in Dismissed Appeals

Application: The court ordered that each party shall bear its own costs following the dismissal of the appeal.

Reasoning: The order concludes with three directives: the dismissal of appeal 03-1381, that each party will bear its own costs, and a notification to the merits panel regarding the nonconfidential version of the district court's order.

Dismissal of Appeal without Cross-Appeal Requirement

Application: Fujitsu Limited and Fujitsu Hitachi Plasma Display Limited consented to the dismissal of their appeal, allowing them to address issues as an appellee without filing a cross-appeal.

Reasoning: Fujitsu Limited and Fujitsu Hitachi Plasma Display Limited (Fujitsu) have consented to the dismissal of appeal 03-1381, allowing them to raise relevant issues as an appellee without the need for a cross-appeal.