Examining proposed legislation to reduce the discovery burden in patent cases

Legislation proposed in Congress, such as H.R. 3309, would change the discovery rules in patent cases in a number of ways

This is the third of three articles addressing proposed legislation to curb abusive patent litigation. The previous articles addressed a proposed change to the language allowing for shifting attorneys fees to prevailing parties and proposed changes to the pleading standards. Again, while there are other bills proposed, this article will again reference H.R. 3309 (the “Innovation Act,” originally introduced by Rep. Goodlatte).

While full-blown trials can be obscenely expensive, it is often the cost of discovery —which stretches on for many months and frequently involves several disputed motions — that dwarfs all other costs in a patent case. Naturally, then, efforts aimed at controlling those costs are included in proposed patent litigation reform legislation.

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Josephine Benkers

Josephine Benkers is a partner at Quarles & Brady LLP and practices in the areas of intellectual property and commercial litigation. Her experience in intellectual...

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