Washington, D.C. – The Federal Circuit Advisory Counsel has unveiled a new model order for e-discovery in patent infringement cases. The model order is intended to assist litigants in patent cases in dealing with electronically stored information. The Counsel notes that e-discovery is often overbroad and expensive. The Counsel noted that the advancing technology and increased reliance upon it makes e-discovery often necessary. Text of the model order is below.
Practice Tip: The Seventh Circuit Court of Appeals, which has appellate jurisdiction over the Southern District of Indiana and the Northern District of Indiana, has already an
“E-discovery” Pilot Program, which has the goal of “the early resolution of disputes regarding the discovery of electronically stored information (“ESI”) without Court intervention.”