Can a party in a derivation proceeding request their settlement to be treated as confidential?

In a derivation proceeding, which is a process to determine whether someone has derived a claimed invention from another, confidentiality can indeed be applicable. The correct choice indicating that a party can request their settlement to be treated as business confidential information aligns with the U.S. Patent and Trademark Office (USPTO) guidelines.

Once a settlement agreement is reached, parties may seek to classify certain aspects of the agreement as confidential to protect sensitive information. This aligns with the interests of the parties involved, who may want to prevent disclosure of trade secrets or proprietary business strategies that could be detrimental if made public. While there are situations where confidentiality is limited or subject to certain conditions, the allowance of business confidentiality is a recognized practice.

Additionally, while confidentiality is permissible, it may also depend on the circumstances, including the nature of the information and any relevant agreements among the parties.