Financial Analyst 2

EFF challenges secrecy in Eastern District of Texas patent case. Clinic students Emily Ko and Zoe Lee at the Technology Law and Policy Clinic at the NYU School of Law were the principal authors of this post. Courts are not private forums for business disputes. They are public institutions, and their records belong to the public. But too often, courts forget that and allow for massive over-sealing, especially in patent cases. EFF recently discovered another case of this in the Eastern District of Texas, where key court filings about Wi-Fi technology used by billions of people every day were hidden entirely from public view. The public could not see the parties' arguments about patent ownership, the plaintiff's standing in court, or licensing obligations tied to standardized technologies. EFF seeks to uncover sealed information in Wilus. The case Wilus Institute of Standards and Technology Inc. v. HP Inc., highlights a recurring transparency problem in patent litigation. Wilus claims to own standard essential patents (SEPs) related to Wi-Fi 6 - technology embedded in everyday devices. Wilus sued Samsung and HP for patent infringement. HP argued that Wilus failed to offer licenses on Fair, Reasonable, and Non-Discriminatory (FRAND) terms, which are required to prevent SEP holders from exploiting their position, by blocking fair access to widely used technologies. In reviewing the docket, EFF found that many filings were improperly sealed under a lenient protective order without the required, specific justification needed in a proper motion to seal. Because there is a presumption of public access to court filings, litigants must file a motion to seal and demonstrate compelling reasons for secrecy. This typically requires a document-by-document and line-by-line justification. In the Eastern District of Texas, that standard is often not enforced. Instead, district judges allow litigants to hide information using boilerplate justification in a protective order without explaining why specific documents or specific parts in a document should be hidden. In Wilus, two sets of documents stood out. First, Samsung moved to dismiss the case, arguing Wilus may not have validly obtained the patents - raising doubts about whether they had standing to sue at all. Wilus's opposition to that motion was filed completely under seal, with no redacted public version available at all. That briefing likely addresses the patent assignment agreements that underpin Wilus's business model - information the public has an interest in, especially in cases involving non-practicing entities (NPEs) like Wilus. Second, filings related to HP's supplemental briefing on FRAND obligations were also sealed in full, with no redacted versions available to the public. Whether Wilus is bound by FRAND has implications far beyond this case. Companies subject to FRAND must adhere to reasonable licensing terms, while those that are not can charge significantly higher licensing fees. In both instances, the public was shut out of arguments that bear directly on how essential technologies are licensed and controlled. EFF pushes for public access. EFF raised these concerns with Wilus's counsel and pressed for public access to the sealed records. Wilus ultimately agreed to file redacted versions of several documents now available as Document Numbers 387, 388, and 389. That result is progress, but it shouldn't require outside intervention. Public versions of court filings should be the default, not something negotiated after outside pressure. Even now, these newly filed redacted versions conceal significant portions of the parties' arguments. The public still cannot fully see how this case about technologies that are used every day is being litigated. Why public access matters. Sealing court records is designed to be rare. To overcome the presumption of public access, litigants must show compelling reasons for secrecy. That's because open courts are a distinguishing feature of American democracy. The public, journalists, and policymakers all have the right to observe proceedings and hold both government actors and private litigants accountable. Some filings do contain trade secrets or commercially sensitive information. But that doesn't mean litigants should be able to hide information without explaining why. The Eastern District of Texas allows litigants to bypass the requirement to explain why. EFF confronted this very same issue in its attempt to intervene in another Eastern District of Texas case, Entropic v. Charter. The same pattern appeared again in Wilus: instead of narrowly tailored redactions supported by specific reasoning, filings were withheld wholesale. Courts must enforce the standard. Courts, not third parties, are responsible for protecting the public's right of access. That means enforcing the "compelling reasons" standard, as a matter of course. Parties seeking to seal sensitive information should be required to justify each proposed redaction. The Eastern District of Texas' current approach falls short. By allowing broad, unsupported sealing through expansive protective orders, it effectively treats judicial records as confidential by default. Heavy caseloads don't change the rule. Administrative burden cannot override constitutional and common law rights. Judicial records are presumptively public. Courts, including the Eastern District of Texas, should enforce that presumption. Other federal courts get it right. The Eastern District of Texas is an outlier. In the Northern District of California, judges routinely reject overbroad sealing requests. As Judge Chhabria's Civil Standing Order explains: [M]otions to seal... are almost always without merit... Federal courts are paid for by the public, and the public has the right to inspect court records, subject only to narrow exceptions. The filing party must make a specific showing explaining why each document that it seeks to seal may justifiably be sealed... Generic and vague references to "competitive harm" are almost always insufficient justification for sealing. This approach reflects the law: sealing must be narrowly tailored and specifically justified. Court transparency is fundamental. At first glance, secrecy in patent litigation may not seem alarming. But it signals a broader erosion of transparency. The widespread use of expansive protective orders in the Eastern District of Texas is a practice that risks spreading if courts do not enforce the law. These practices allow private parties to obscure information about disputes involving technologies that shape modern life. That undermines a core principle of a free society: transparency regarding the actions of powerful actors. Courts are not private forums for business disputes. They are public institutions, and their records belong to the public. So long as these practices continue, EFF will keep advocating for transparency and working to vindicate the public's right to access court records.

HP launches HP IQ platform to drive intelligent device ecosystem integration. Home technology HP launches HP IQ platform to drive intelligent device ecosystem integration. HP Inc. has officially launched HP IQ, an artificial intelligence platform engineered to establish a fully connected and intelligent device ecosystem that integrates computing hardware, software, and cloud services. The platform represents HP's strategic initiative to position itself at the forefront of AI-driven computing solutions as enterprises increasingly demand unified technology infrastructure that can adapt to evolving workplace requirements. The HP IQ platform functions as a central intelligence layer connecting personal computers, printers, and peripheral devices through cloud-based artificial intelligence capabilities. This integrated approach allows devices to communicate autonomously, optimize performance based on usage patterns, and provide predictive maintenance alerts before hardware failures occur. For organizations managing distributed workforces, the platform offers centralized management tools that simplify device deployment, security monitoring, and compliance tracking across thousands of endpoints simultaneously. According to technology industry analysts, the global market for AI-powered device management solutions is projected to reach $23.7 billion by 2028, growing at a compound annual rate of 18.3 percent from current levels. HP's entry into this expanding market segment positions the company to compete directly with established players while leveraging its existing customer relationships across enterprise and consumer segments. The platform's architecture supports integration with third-party applications through open application programming interfaces, enabling businesses to customize functionality according to specific operational needs. The intelligence capabilities embedded within HP IQ utilize machine learning algorithms that analyze device performance data in real-time, identifying anomalies that could indicate security threats or operational inefficiencies. For managed service providers and corporate IT departments, these predictive analytics reduce the total cost of ownership by minimizing unplanned downtime and extending hardware lifecycles through proactive maintenance scheduling. The platform also incorporates automated software updates that can be deployed during off-peak hours, ensuring devices remain current without disrupting productivity. Security features constitute a fundamental component of the HP IQ architecture, with zero-trust security protocols embedded at the firmware level across all connected devices. The platform continuously monitors for unauthorized access attempts, suspicious data transfers, and configuration changes that deviate from established baselines. When potential threats are detected, the system can automatically isolate affected devices from the network while alerting security personnel through integrated incident response workflows. This multilayered security approach addresses growing concerns about ransomware attacks and data breaches that have increased significantly as remote work arrangements become permanent fixtures in corporate environments. For small and medium-sized businesses that lack dedicated IT staff, HP IQ offers simplified management interfaces that require minimal technical expertise to operate effectively. The platform provides automated troubleshooting capabilities that can resolve common technical issues without human intervention, reducing dependency on external support services. Cloud-based dashboards present operational metrics and device health indicators through intuitive visualizations, enabling business owners to make informed decisions about technology investments and replacement cycles. The commercial printing sector represents a significant application area for HP IQ technology, where managed print services providers can monitor ink levels, paper supplies, and maintenance requirements across distributed printer fleets. This real-time visibility enables just-in-time supply ordering that reduces inventory carrying costs while ensuring uninterrupted printing operations. The platform's analytics engine also tracks printing volumes by department, user, and document type, providing organizations with detailed cost allocation data that supports budgeting and resource planning initiatives. HP's development of the IQ platform reflects broader industry trends toward software-defined infrastructure and subscription-based service models that generate recurring revenue streams beyond traditional hardware sales. The company has indicated that HP IQ will be available through various licensing tiers designed to accommodate organizations of different sizes and complexity levels, with pricing structures that scale based on the number of managed devices and features activated. Initial rollout focuses on North American and European markets, with expansion into Asia-Pacific regions planned for subsequent phases as localization requirements are completed and regional data residency regulations are satisfied.