Baystate Tech., Inc. v. Bowers, 283 F. App'x 808 (Fed. Cir. 2008). · Go Syfert
Baystate Tech., Inc. v. Bowers, 283 F. App'x 808 (Fed. Cir. 2008). Cases Citing This Book View Copy Cite
54 citation events (54 in the last 25 years) across 4 distinct courts.
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At page 810 Review of denial of motion to modify protective order38 citing cases“presumption of public access to judicial records,”17 citing courts quote it · 36 listed here
  • Ross-Hime Designs, Inc. v. United States, 109 Fed. Cl. 725 (Fed. Cl. 2013).published 2 cites
    ([I]n determining whether a protective order should be modified, the court must balance the privacy interests of *743 the parties against the public interest in access to discovery information.)
  • Mvl USA Inc. v. United States, No. 26-561 (Fed. Cl. Sept. 22, 2026).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Primary Health Care, LLC v. United States, No. 25-1795 (Fed. Cl. May 28, 2026).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access - 11 - to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall…
  • Metrostar Sys., LLC v. United States, No. 25-2047 (Fed. Cl. Apr. 28, 2026).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Threat Tec, LLC v. United States, No. 26-150 (Fed. Cl. Mar. 10, 2026).unpublished
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed.
  • Red River Sci. & Tech., LLC v. United States, No. 24-2035 (Fed. Cl. June 18, 2025).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • 22nd Century Tech., Inc. v. United States, No. 24-1227 (Fed. Cl. Apr. 30, 2025).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Red Cedar Harmonia, LLC v. United States, No. 24-1862 (Fed. Cl. Apr. 28, 2025).published
    Grp., Inc. v. United States, 94 Fed. Cl. 16 , 23 n.1 (2010) (quoting Baystate Techs., Inc. v. Bowers, 283 Fed.Appx. 808, 810 (Fed. Cir. 2008)).
  • Decisionpoint Corp. v. United States, No. 24-782 (Fed. Cl. Jan. 14, 2025).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Amicus Therapeutics US, LLC v. Teva Pharm. USA, Inc., No. 1:22-cv-01461 (D. Del. Aug. 17, 2023).
    (applying regional circuit law in resolving a protective order dispute)
Show 26 more citing cases
  • Konecranes Nuclear Equip. & Servs., LLC v. United States, No. 22-873 (Fed. Cl. May 16, 2023).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Esimplicity, Inc. v. United States, No. 22-543 (Fed. Cl. Oct. 13, 2022).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Aitken v. United States, No. 19-520 (Fed. Cl. Sept. 30, 2022).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Doe No. 1 v. United States, No. 19-1747 (Fed. Cl. Aug. 9, 2022).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Cgs-Ssg Jt. Venture v. United States, No. 22-379 (Fed. Cl. Aug. 2, 2022).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • 1 v. United States, No. 19-1019 (Fed. Cl. Mar. 1, 2022).unpublished
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam) (citing Siedle v. Putnam…
  • 1 v. United States, No. 19-1019 (Fed. Cl. June 4, 2021).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008) (per curiam), each party shall file a…
  • Efw, Inc. v. United States, No. 20-92 (Fed. Cl. May 29, 2020).published
    Corp. v. United States, 102 Fed. Cl. 235 , 235 n.* (2011); Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008).
  • Trax Int'l Corp. v. United States, No. 19-685 (Fed. Cl. Aug. 27, 2019).published
    TRAX has not identified any reason why the individual’s name should not be disclosed, much less a basis sufficient to overcome the “presumption of public access to judicial records.” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (…
  • Bd. of Regents of the Nevada Sys. of Higher Educ. v. United States, No. 16-376 (Fed. Cl. July 5, 2017).unpublished 2 cites
    Although there is “a presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed.
  • P'ship for Supply Chain Mgmt., Inc. v. United States, No. 15-900 (Fed. Cl. Dec. 20, 2016).unpublished 2 cites
    The parties’ requests must be viewed in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed.
  • Oxford Dev. Co. v. United States, No. 15-663 (Fed. Cl. Oct. 26, 2016).unpublished 2 cites
    These requests must be viewed in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed.
  • McConnell Jones Lanier & Murphy, LLP v. United States, 128 Fed. Cl. 218 (Fed. Cl. 2016).published
    To aid the Court’s evaluation of the proposed redactions and in light of the “presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 Fed.Appx. 808, 810 (Fed.Cir.2008), the parties shall file a memorandum ex…
  • Inspace 21 LLC v. United States, No. 15-364 (Fed. Cl. Sept. 6, 2016).unpublished 2 cites
    Although there is “a presumption of public access to judicial records,” Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed.
  • IBM Corp. v. United States, 119 Fed. Cl. 145 (Fed. Cl. 2014).published
    The Protective Order defines “protected information” as "information that must be protected to safeguard the competitive process, including source selection information, proprietary information, and confidential information.” Beyond this,…
  • IBM Corp. v. United States, 118 Fed. Cl. 677 (Fed. Cl. 2014).published 3 cites
    The Protective Order defines “protected information” as “information that must be protected to safeguard the competitive process, including source selection information, proprietary information, and confidential information.” Beyond this,…
  • Am Gen., LLC v. United States, 115 Fed. Cl. 653 (Fed. Cl. 2014).published
    Beyond this, the court must consider any proposed redaction against the background of a "presumption of public access to judicial records.” Baystate Techs., Inc. v. Bowers, 283 Fed.Appx. 808, 810 (Fed.Cir.2008) (per curiam) (citing Siedle…
  • Linc Gov't Servs., LLC v. United States, 96 Fed. Cl. 672 (Fed. Cl. 2010).published
    Beyond this, the court must assess the propriety of any proposed redaction against the background “presumption of public access to judicial records.” Baystate Techs., Inc. v. Bowers, 283 Fed.Appx. 808, 810 (Fed.Cir.2008) (citing Siedle v.…
  • Albino v. United States, 93 Fed. Cl. 405 (Fed. Cl. 2010).published
    The Federal Circuit has recognized a presumption of public access to judicial records, but has also indicated that a court “must balance the privacy interests of the parties against the public interest in access to the ... information.” Ba…
  • Madison Servs., Inc. v. United States, 92 Fed. Cl. 120 (Fed. Cl. 2010).published 2 cites
    The court’s analysis begins with “the presumption of public access to judicial records.” Baystate Techs., Inc. v. Bowers, 283 Fed.Appx. 808, 810 (Fed.Cir.2008) (Table) (citing Siedle v. Putnam Invs., Inc., 147 F.3d 7, 9 (1st Cir.1998)); se…
  • Akal Sec., Inc. v. United States, 87 Fed. Cl. 311 (Fed. Cl. 2009).published
    Baystate Techs., Inc. v. Bowers, 283 Fed.Appx. 808, 810 (Fed.Cir.2008) (Table) (citing Siedle v. Putnam Invs., Inc. (Siedle), 147 F.3d 7, 9 (1st Cir.1998); Pohquin v. Garden Way, Inc., 989 F.2d 527, 533 (1st Cir.1993)).
  • Can Softtech, Inc v. United States, No. 24-1009 (Fed. Cl. Oct. 15, 2024).published
    (discussing the presumption of public access to judicial records)
  • Crowley Gov't Servs., Inc. v. United States, No. 21-1387 (Fed. Cl. Mar. 10, 2022).unpublished 2 cites
    See Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed. Cir. 2008).
  • Nacima Austin v. Cargurus, Inc., No. 8:25-cv-02103 (M.D. Fla. Dec. 9, 2025).
    “Parties wishing to keep confidential documents obtained or disclosed during discovery, including for attorneys’ eyes only, may file a motion for a protective order, with a proposed order, showing good cause for the relief requested.” Midd…
  • Redmond v. United States, No. 22-60 (Fed. Cl. Feb. 1, 2022).unpublished
    Cl. at 691 ); see also Baystate Techs., Inc. v. Bowers, 283 F. App’x 808, 810 (Fed.
  • Amergen Energy Co. ex rel. Exelon Generation Co. v. United States, 115 Fed. Cl. 132 (Fed. Cl. 2014).published 2 cites
    In re Violation of Rule 28(d), 635 F.3d 1352, 1356 (Fed.Cir.2011) (citing Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597-99 , 98 S.Ct. 1306 , 55 L.Ed.2d 570 (1978)); see also Baystate Techs., Inc. v. Bowers, 283 Fed.Appx. 808, 810 (Fed.…
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
BAYSTATE TECHNOLOGIES, INC., Plaintiff,
v.
Harold L. BOWERS (Doing Business as HLB Technology), Defendant; Professor George W. Kuney, Movant-Appellant, v. Robert W. Bean and Karen L. Bean, Interested Parties
2008-1204.
Court of Appeals for the Federal Circuit.
Jul 10, 2008.
Unpublished opinion
283 F. App'x 808
George W. Kuney, of Knoxville, Tennessee, pro se.
Bryson, Lourie, Per Curiam, Prost.
Cited by 13 opinions  |  Unpublished
PER CURIAM.

Professor George W. Kuney appeals the order of the United States District Court for the District of Massachusetts, denying his motion to intervene and his motion to modify the Stipulated Protective Order. Bay State Techs., Inc. v. Bowers, No. 91-CV-40079 (D.Mass. Sept. 14, 2007). We vacate and remand.

BACKGROUND

Baystate Technologies, Inc. (“Baystate”) filed a declaratory judgment action in the District Court for the District of Massachusetts, seeking a declaration that it did not infringe Harold L. Bowers’s software patent. Mr. Bowers counterclaimed for patent infringement, copyright infringement, and breach of contract. Following trial, the jury returned a verdict, and the court granted judgment, for Mr. Bowers on his patent infringement, copyright infringement, and breach of contract claims. Bay State Techs., Inc. v. Bowers, No. 91-CV—40079 (D.Mass. Sep. 14, 2000). This court affirmed-in-part and reversed-in-part. Bowers v. Baystate Techs., Inc., 320 F.3d 1317 (Fed.Cir.2003). Before Mr. Bowers could execute on his judgment, Baystate filed for bankruptcy. In re CK Liquidation, No. 03-44096 (Bankr.D.Mass. Aug. 22, 2003). Thereafter, Robert and Karen Bean, as judgment debtors, were added as interested parties in the case. The case was ultimately dismissed on May 4, 2006.

Professor Kuney is a law professor who is writing a detailed account of the proceedings in this case given its significance to the software industry. He seeks access to trial exhibits and other documents. Early in the litigation, however, the court entered a Stipulated Protective Order, at the request of the parties, which restricts access to those documents. On February 21, 2007, Professor Kuney filed a motion to intervene and motion to modify the Stipulated Protective Order. Mr. Bowers filed a declaration in support of Professor Kuney’s motions. Mr. Bean alone opposed Professor Kuney’s motion to modify the protective order. Thereafter, Professor Kuney and Mr. Bean agreed on a suitable modification to the protective order, and Professor Kuney submitted a modified Stipulated Protective Order to the court.[*810] On August 21, 2007, Professor Kuney filed a motion requesting that the court grant his motion to intervene and his motion to modify the Stipulated Protective Order.

On September 14, 2007, the court issued an electronic order, denying Professor Kuney’s August 21, 2007, motion and finding his February 21, 2007, motion to thus be moot. The court advised that “if defendant, Robert Bean, moves to modify the stipulated protective order, consistent with the provisions of the proposed stipulated order ..., serves his motion on all other parties and that motion is unopposed 14 days after service, it will be allowed.” Bay State Techs., Inc. v. Bowers, No. 91-CV-40079 (D.Mass. Sept. 14, 2007). Mr. Bean did not file a motion to modify the Stipulated Protective Order.

This appeal followed. We have jurisdiction pursuant to 28 U.S.C. § 1295(a)(2).

DISCUSSION

We review a district court’s denial of a motion to intervene for abuse of discretion. Geiger v. Foley Hoag LLP Retirement Plan, 521 F.3d 60, 64 (1st Cir.2008). We also review a denial of a motion for modification of a protective order for abuse of discretion. Saldana-Sanchez v. Lopez-Gerena, 256 F.3d 1, 8 (1st Cir.2001); Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 790 (1st Cir.1988).

The court denied Professor Kuney’s motion to intervene and motion to modify the Stipulated Protective Order in a one-paragraph order without explanation. It may be that the court denied Professor Kuney’s motion to intervene simply because it considered it more expedient for Mr. Bean, as an interested party in the litigation, to move to modify the protective order. Nevertheless, Mr. Bean never acted in response to the court’s order and Professor Kuney was left without access to the documents he sought.

Intervention is the proper means for a non-party to challenge a protective order. Public Citizen, 858 F.2d at 783. Even after judgment, courts have frequently allowed third parties to intervene to challenge a protective order. Id. at 785. Federal Rule of Civil Procedure 26(c) provides that a court may enter a protective order if “good cause” exists to protect discovery information. There is, however, a presumption of public access to judicial records. Siedle v. Putnam Invs., Inc., 147 F.3d 7, 9 (1st Cir.1998); Poliquin v. Garden Way, Inc., 989 F.2d 527, 533 (1st Cir.1993). Thus, in determining whether a protective order should be modified, the court must balance the privacy interests of the parties against the public interest in access to the discovery information. Siedle, 147 F.3d at 10.

Here, it is not apparent whether the court engaged in a balancing and thus it is unclear if the court abused its discretion in denying Professor Kuney’s motion to intervene and motion to modify the Stipulated Protective Order. Professor Kuney alleges that no party other than Mr. Bean opposed his motions and that he ultimately agreed to the modified Stipulated Protective Order that was filed with the court, that Mr. Bowers supported his motions, and that Baystate is now a corporate shell. Thus, the parties appear to have little, if any, continued interest in maintaining confidential the documents that Professor Kuney seeks. Further, Professor Kuney alleges that his ability to do scholarly work is dependent on his ability to obtain access to the documents. “[PJublic monitoring of the judicial system fosters the important values of quality, honesty and respect for the judicial system.” Id. (citation and internal quotation marks omitted). We, therefore, deem it proper to return the case to the district court for a balancing of[*811] the public and private interests in determining whether to grant or deny Professor Kuney’s motions.

CONCLUSION

For the foregoing reasons, we vacate and remand the order of the District Court for the District of Massachusetts denying Professor Kuney’s motion to intervene and motion to modify the Stipulated Protective Order.

Each party shall bear its own costs.