Court declines to unseal inflammatory answer
Accenture Global Services GMBH, et al., v. Guidewire Software Inc., Civ. No. 07-826-SLR, June 30, 2009.
Robinson, J. Defendant’s motion to dismiss tortious interference with business claim is denied; its motion to amend its answer to allege trade secret misappropriation claim is granted; and its motion to unseal its proposed amended answer is denied.
The plaintiff offers computer software and consulting services aimed at helping insurance companies optimize their claims handling. The court declines to dismiss the tortious interference claim at this stage; however, if after development it is grounded in the same facts as the trade secret misappropriation claim, it will be preempted by the Delaware Uniform Trade Secrets Act. The plaintiff does not oppose the motion to amend to add the trade secret misappropriation claim on the basis of undue prejudice, bad faith or dilatory motives, undue delay, repeated failures to cure deficiencies or futility. The motion is therefore granted. The motion to unseal the amended answer is denied because it recites hearsay not merely for litigation strategy but also for a larger public relations fight. The court reasons that the content is meant to inflame and the use of the judicial process to that end is not to be tolerated. This interest overcomes the presumption of public access. Leave to refile with more general allegations is granted.
