Nearly two years after rolling out a model order intended to get a grip on out-of-control electronic-discovery demands, the U.S. Court of Appeals for the Federal Circuit's advisory council is poised to issue new rules that ask patent litigants to make their own sacrifices.
The council's "A Model Order Limiting Excess Patent Claims and Prior Art" would limit plaintiffs' patent claims and defense-side arguments about prior art — that is, references to information about inventions' subject matter published before the patents were issued, and that tend to undermine those patents' legitimacy.
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