In a trial in open court, does it matter if confidential settlement information comes up—and subsequently gets sealed—if no one besides the parties involved is there to hear it?
That “if a tree falls in the forest” type of defense is what I expected to see from Arendi and its lawyers at Susman Godfrey in the case where Apple is seeking sanctions against them and an expert witness who aired some confidential settlement information during Arendi’s recent patent trial against Google in Delaware federal court. But the first response Arendi’s local counsel filed over the weekend was much more full-throated and, frankly, interesting.
