University of Denver law professor Bernard Chao argues here that courts should do more to ensure open access to patent litigation documents. The Court of Appeals for the Federal Circuit already requires the parallel submission of non-confidential versions of any briefs filed under seal. Professor Chao argues that same approach could work in the district courts and would go a long way in solving the current problem of overly-sealed records.
Cite as Bernard Chao, Not So Confidential: A Call for Restraint in Sealing Court Records, 2011 Patently-O Patent L.J. 6 at http://www.patentlyo.com/files/chao.sealedrecords.pdf.