The E-Discovery Dance For Patents: Changing The Tune

June 27, 2012

By Daniel B. Garrie & Yoav M. Griver

E-Discovery Dance For PatentsThis article analyzes the Federal Circuit’s model order regarding e-discovery in patent cases. The article (1) briefly describes the purpose behind the model order, (2) describes its key provisions, and then (3) analyzes the model order to identify some areas of continuing concern.

The authors conclude that, while it is beyond refute that the model order is a step in the right direction in the courts’ efforts to control and manage e-discovery, the model order is only a first step. In this regard, several problems, as set forth below, can potentially arise when counsel or the courts use the model order. It is hoped that this article will encourage judges, litigants and other interested parties to continue trying to solve some of the still troubling aspects of e-discovery and e-discovery abuse.

To read the full article, go to Law360

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