WOW TECH USA, LTD. v. EIS, INC.

Summary

The United States District Court for the District of Delaware denied WOW Tech USA, Ltd.’s motion for leave to file its Third Amended Complaint under seal. The court held that Plaintiff failed to show that the third-party witness names were protectable information or that disclosure would cause a clearly defined and serious injury, and ordered the complaint unsealed immediately.

Holdings

1. Plaintiff failed to meet its burden to show both that the witness names were information courts will protect and that disclosure would cause a clearly defined and serious injury; therefore, the motion to file the third amended complaint under seal was denied.
2. The prior order did not establish that the third amended complaint should be sealed because the court made no factual findings when it summarily granted the earlier, apparently unopposed motion.

Questions Presented

1. Whether Plaintiff met its burden to seal the names of third-party witnesses in its third amended complaint and exhibits.
2. Whether the court's prior unopposed order allowing the second amended complaint to be filed under seal established that the third amended complaint should also remain sealed.

Disposition

other