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Controlling E-Discovery Costs In Patent Cases

Electronic discovery can be time-consuming, burdensome and expensive. Indeed, at times, e-discovery can be the tail that wags the litigation dog.
As a consequence, Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, on behalf of an E-Discovery Committee, recently introduced a Model Order for Patent E-Discovery.

The Committee’s discussion underpinning the Model Order notes that federal district courts have inherent power to control their dockets in the interests of time and economy. Accordingly, it is the Committee’s view that the Model Order may be a “helpful starting point for district courts to use in requiring the responsible, targeted use of e-discovery in patent cases.”

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