Maybe b/c they do not believe that such an agreement is enforceable. The majority of States have "anti-slapp" laws that in limited circumstances protect the Freedom of speech over agreements/contracts (generally one has the right to contract confidentiality which is enforceable).
For example I had a case where I represented a plaintiff suing over breach of a confidential settlement, b/c I attached the confidential settlement as an exhibit the defendant counter-sued for disclosing the confidential settlement. I got their counter-suit dismissed as a matter of law b/c the anti-slapp protected the freedom of speech to disclose the confidential agreement to the court for the purpose of enforcement.
At this time the Federal Government does not have a anti-slapp equivalent, and most IP cases are federal; therefore, it might be actionable to disclose confidential information in Federal Court for enforcement, maybe under seal...if a Federal practitioner happens to have experience with this issue, please shed some light.
For example I had a case where I represented a plaintiff suing over breach of a confidential settlement, b/c I attached the confidential settlement as an exhibit the defendant counter-sued for disclosing the confidential settlement. I got their counter-suit dismissed as a matter of law b/c the anti-slapp protected the freedom of speech to disclose the confidential agreement to the court for the purpose of enforcement.
At this time the Federal Government does not have a anti-slapp equivalent, and most IP cases are federal; therefore, it might be actionable to disclose confidential information in Federal Court for enforcement, maybe under seal...if a Federal practitioner happens to have experience with this issue, please shed some light.