The Procter & Gamble Company v. Ranir, LLC
1:17-cv-00185
S.D. OhioAug 17, 2017Background
- P&G sued Ranir for patent infringement related to tooth-whitening strips and sought a preliminary injunction; Ranir moved to dismiss for improper venue and the court later granted dismissal.
- Ranir initially filed its opposition to the preliminary-injunction motion entirely under seal, citing reliance on P&G discovery documents labeled confidential.
- P&G sought sealing/redactions for portions of Ranir’s Opposition and filed its own Reply under seal with a redacted public version.
- Ranir opposed P&G’s sealing of the Reply and concurrently asked the court to unseal Ranir’s Opposition and to deny Ranir’s own motion to seal a proposed sur-reply.
- The district court reviewed competing sealing motions under the Sixth Circuit’s “compelling reasons” and narrow-tailoring standard; the case was later dismissed for improper venue, rendering the preliminary-injunction dispute moot but prompting the court to resolve sealing to preserve public access principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ranir’s Opposition should remain sealed | P&G: Opp. contains trade secrets, market/sales, strategy; needs redactions to protect competitive harm | Ranir: originally filed sealed to honor P&G designations but later asked to unseal its Opposition entirely | Court denied Ranir’s unseal request; granted P&G’s proposed redactions and ordered a redacted public version be filed |
| Whether P&G’s Reply should be sealed | P&G: Reply contains confidential sales, marketing, formulas, and agreement provisions; sealing narrowly tailored to protect harm | Ranir: opposed sealing (argued some material not entitled to seal) | Court granted P&G’s sealing request; redacted Reply remains public, full Reply under seal |
| Whether Ranir’s proposed Sur‑Reply should be sealed | Ranir sought leave to file full Sur‑Reply under seal, but also filed a public redacted version | P&G opposed unsealing of some materials; dispute became moot after dismissal | Motion to file Sur‑Reply under seal denied as moot because the underlying injunction motion was denied as moot |
| Applicability of Sixth Circuit sealing standard | P&G: sealing justified by compelling competitive harm and narrow tailoring | Ranir: some disclosures not entitled to seal; public access presumed | Court applied Sixth Circuit standard—required compelling reasons and narrow tailoring—and found P&G met the standard for the limited redactions |
Key Cases Cited
- Klingenberg v. Fed. Home Loan Mortg. Co., [citation="658 F. App'x 202"] (6th Cir. 2016) (district court sealing decisions reviewed for abuse of discretion but with less deference due to public‑access concerns)
- Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016) (establishes "compelling reasons" and narrow‑tailoring requirement for sealing court records)
- Rudd Equip. Co. v. John Deere Constr. & Forestry Co., 834 F.3d 589 (6th Cir. 2016) (parties cannot waive public’s right of access; movant must justify sealing even if parties agree)
