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Key E-Discovery Considerations in Patent Litigation

March 19, 2014
Heyward D. Bonyata

Patent litigation is expensive. A significant portion of this expense is due to the time and effort required to search, review, and produce large amounts of electronically stored information during discovery. In recent years, federal courts have attempted to reduce the burden of e-discovery in patent litigation by adopting model orders that phase discovery and require parties to focus the issues before serving email production requests. Patent disputes are often narrow and turn on discrete issues that do not require broad-based e-discovery. Incorporating the model orders’ discovery-tailoring features into a litigant’s strategy for early-stage Federal Rule of Civil Procedure 26(f) discovery conference can help reduce the costs and burdens of patent litigation.

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