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A Nevada court ordered Evolution to defend its request to keep its complaint sealed yesterday (5 June) in its Lightning Roulette patent battle with Light & Wonder (L&W).

Magistrate judge Elayna J. Youchah said the live casino giant must supply more information demonstrating a compelling reason for its sealing request by 10 June.

It follows Evolution seeking permission to file a redacted version of its complaint, so as not to disclose aspects of it that are subject to confidentiality provisions.

The supplier is suing L&W in Nevada District Court alleging misappropriation of trade secrets relating to its Lightning Roulette game.

In its complaint, Evolution accused L&W of using its confidential Lightning Roulette math files and payout structures to develop its RouletteX and PowerX games.

These files were allegedly obtained following negotiations when Evolution was aiming to partner with a L&W subsidiary to launch a land-based version of the hit live casino game.

Evolution attempts to file complaint under seal

Evolution initially filed a motion to file its complaint under seal, meaning several passages of the filing would be redacted.

The business said these aspects involved confidentiality provisions between it and L&W.

Publicly disclosing the information risked L&W claiming that Evolution violated these provisions, Evolution said.

However, judge Youchah said there exists a strong presumption in favour of accessing public records, and that a “compelling reason” must be articulated to overcome this.

She argued that Evolution’s general claims about the unspecified confidentiality agreements falls short of this standard.

Judge Youchah said: “These vague assertions do not include the specificity required to adequately support Plaintiffs’ request.

“Plaintiffs must provide some factual basis as to the nature of the information they seek to seal that supports an adequate legal reason for their request.

“As of now, the court simply does not have enough information to rely upon to grant the request.”

As such, she ordered Evolution to file a memorandum containing additional information by the 10 June deadline demonstrating a “compelling reason” for the sealing request.

The judge also ordered the provider’s complaint remain temporarily sealed pending a further order from the court.

The litigation is the second patent dispute L&W is involved in following Aristocrat’s February complaint accusing it of copying its DragonLink casino game.

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