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E-discovery: Popular patent venue in Texas adopts model order to rein in e-discovery costs

Texas model order adds a few new guidelines to the Federal Circuit’s

Parties involved in complex litigation face increasing e-discovery costs in almost every case. These costs are particularly acute in patent actions, where the broad scope of discovery may subject parties to e-discovery costs and burdens that spiral out of control even more quickly than in other actions.

Recognizing the importance of reducing e-discovery costs in patent litigation, the Federal Circuit, which has jurisdiction over appeals in patent cases, issued a model e-discovery order in September 2011 to provide specific guidance on ways to limit the scope and cost of e-discovery in patent cases.

Additionally, the East Texas Model provides two methods for obtaining discovery from additional custodians, involving more search terms, or that otherwise exceeds the model order’s limitations.

1. Since the order is intended as a model, parties in particularly complex matters are free to voluntarily expand the scope of discovery when creating the initial case management statement or at other appropriate times.


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Rob McFarlane

Rob McFarlane is a litigation partner and registered patent attorney who specializes in patent litigation, trade secret and other intellectual property and technology-related disputes and...

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Contributing Author

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Russell Petersen

Russell Petersen is senior counsel and registered patent attorney who specializes in resolving intellectual property and technology-related disputes and counseling. He is also experienced in...

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