E-Discovery in Intellectual Property Patent Litigation (Part 5 of 5)

E-Discovery in Intellectual Property Patent Litigation: Changing The Tune

In this fifth post of the five-part series on e-discovery in intellectual property patent litigation , Daniel Garrie analyzes the Federal Circuit’s model order regarding e-discovery in patent cases. [1]  In addition, the series briefly describes the purpose behind the model order, describes its key provisions, and analyzes the model order to identify some areas of continuing concern.

Courts and counsel should utilize the model order as a starting point for dialogue around e-discovery in patent disputes, but take into account the potential pitfalls that the model order presents. As the few cases have shown since the implementation of the model order, the court is willing, within reason, to allow parties to produce their own mutually agreeable protocol.[21] However, it remains to be seen what will happen in a case with unwilling parties whose case demands more than what the model order allows.

–By Daniel B. Garrie, Law & Forensics LLC, and Yoav M. Griver, Zeichner Ellman & Krause LLP

Daniel Garrie is a partner at Law & Forensics, splitting his time between the East and West Coast offices, where he focuses on forensics, e-discovery, cyber security, and related investigations, including in the area of intellectual property disputes. The authors would like to thank Candice Lang for her invaluable contributions to this article.

The opinions expressed are those of the authors and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

[21] See, e.g., McGrath v United States, supra (modifying a proposed discovery order submitted by the parties that was based, in part, upon the Model Order).