The Electronic Frontier Foundation (EFF) is aiming to enhance transparency in a patent lawsuit filed in Texas between Entropic Communications, LLC and Charter Communications, Inc. Key aspects of the dispute have been kept private, making it difficult for the public to grasp how Entropic's patents might influence the Data Over Cable Service Interface Specifications (DOCSIS) standard, essential for cable-based internet access.

The parties in the case are using protective orders to justify confidentiality of legal arguments and evidence. However, EFF asserts that this secrecy violates the public's First Amendment and common law rights. They argue that protective orders cannot supersede the public's entitlement to court records and seek clarification from the court that parties cannot conceal information without judicial approval.

Why does this matter?

EFF hopes that by illuminating the claims and defenses in the Entropic case, they can enhance transparency in patent litigation, particularly regarding technology widely used by consumers. They also aim to assess the extent of Entropic's patent claims and their potential implications for other cable modem manufacturers. EFF expresses appreciation for the representation provided by Columbia Law School's clinic in this significant matter.