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Apple logo, file 2012. REUTERS David Gray

U.S. appeals court will let media argue at Apple secrecy hearing

3/15/2013 COMMENTS (0)

By Dan Levine

SAN FRANCISCO, March 15 (Reuters) - A coalition of media advocacy groups and news organizations will be allowed to argue at an upcoming federal appeals court hearing over document secrecy in Apple Inc's high-stakes patent litigation against Samsung Electronics Co Ltd.

Filing documents under seal has become almost standard procedure in intellectual property cases as companies try to keep their trade secrets and other sensitive business information from coming out in court.

Throughout the Apple/Samsung case, both companies asked U.S. District Judge Lucy Koh to seal a range of documents. Reuters intervened in the trial court to oppose many of those requests.

Koh allowed the companies to keep source code and details of patent licensing deals secret, but she ordered them to reveal financial data and other information. Koh's orders are on hold pending appeal at the U.S. Circuit Court of Appeals for the Federal Circuit in Washington, D.C.

The California-based First Amendment Coalition, the New York Times, Bloomberg and several other media organizations signed amicus briefs urging the court to uphold Koh's orders. They asked to participate at oral arguments on March 26, but Apple and Samsung opposed those requests.

In its brief, Samsung argued that such a request should be granted only in extraordinary circumstances.

In an order on Thursday, the Federal Circuit sided with the media organizations, saying they would be allowed to share 15 minutes at the arguments, without reducing any time from the companies.

Apple and Samsung are waging legal war in several countries, accusing each other of patent violations as they vie for supremacy in a fast-growing market for mobile devices.

The case in the Federal Circuit is Apple Inc vs. Samsung Electronics Co Ltd., 12-1600.

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