LG.Philips LCD Co. Ltd. v. Chi Mei Optoelectronics Corporation
1:06-cv-00726
D. Del.Feb 14, 2011Background
- Anvik moved for reconsideration of a prior order denying access to sealed materials and transcripts under a protective order.
- Anvik sought sealed transcripts and related sealed documents to aid a separate New York Action against LG Display.
- The court reaffirmed that Anvik waived its public right of access argument by raising it for the first time in its Reply Brief.
- The court concluded Anvik did not demonstrate entitlement to the transcripts or sealed materials despite noting potential relevance to the New York Action.
- Under Local Rule 7.1.5, reconsideration is granted only for intervening law, new evidence, or clear error; none were shown.
- The court denied Anvik’s Motion for Reconsideration or Reargument.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reconsideration was warranted. | Anvik argues the court erred factually and in application of law. | AUO and LGD contend no error or new evidence; waiver of public access argument. | Reconsideration denied. |
| Whether Anvik waived its public right of access argument. | Anvik asserts ongoing public right to access judicial records. | Waiver occurred because argument raised only in Reply Brief and not properly asserted earlier. | Waiver affirmed; no reconsideration on waiver. |
| Whether sealed transcripts were properly denied for NY Action relevance. | Transcripts are relevant to the New York Action against LGD. | Even if relevant, need outweighed confidentiality; insufficient showing of necessity. | Not entitled to access; materials remain protected. |
Key Cases Cited
- Max's Seafood Cafe by LouAnn, Inc. v. Quinteros, 176 F.3d 669 (3d Cir. 1999) (intervening change in controlling law not shown; reconsideration standards)
