The Moen defendants brought a motion seeking a confidentiality order to protect proprietary product design and manufacturing information, arguing it was highly sensitive and at commercial risk.
The plaintiffs and co-defendant Motion Specialties opposed, asserting the motion was premature, unnecessary, and lacked sufficient evidentiary basis to meet the high onus for such orders.
The court dismissed the Moen defendants' motion, finding they failed to demonstrate an important commercial interest or the absence of reasonable alternative protective measures.
The court concluded that the information's level of secrecy did not warrant confidentiality beyond the implied undertaking rule and criticized the Moen defendants for causing unnecessary delay in the litigation.