AN E-DISCOVERY MODEL ORDER (for Federal Patent Litigation)

http://ow.ly/6GrrI

This link is to an attachment that is available for downloading, and the file is a model order generated by a recent eDiscovery committee meeting.  The model order is meant to provide guidelines for dealing with eDiscovery associated with patent litigation.

The committee members listed on the model order are as follows:

E-Discovery Committee
Chief Judge James Ware (ND Cal)

Judge Virginia Kendall (ND Ill)

Magistrate Judge Chad Everingham (ED Tex)

Chief Judge Randall Rader (Fed. Cir.)
Tina Chappell

Richard “Chip” Lutton
Joe Re

Edward Reines

Steve Susman

John Whealan

As the Model Order states, "...this Model Order requires a discovery process whereby the partiesexchange core documentation concerning the patent, the accused product, the priorart, and the finances before making email production requests. Moreover, emailproduction requests should be focused on a particular issue for which that type of discovery is warranted. Much as Federal Rule of Civil Procedure  presumptively limits cases to ten depositions and seven hours per deposition, this Model Order presumptively limits the number of custodians and search terms forall email production requests."