The problem of excess discovery expense is felt as much in patent litigation as any area of the law. This state of affairs motivated the Federal Circuit Advisory Council to take action. With the leadership of Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit, a committee of distinguished jurists and attorneys was formed to address the problem of increasing discovery cost. Rader noted to the committee and later in his speech introducing the committee’s work product that his deep concern about the expense of patent litigation stemmed from input he had received, not only in the United States, but from respected voices abroad.
The committee produced a model e-discovery order that was unanimously approved by the Federal Circuit Advisory Council. Below is the summary of the model order and a discussion of both the reception it has received thus far and the effect that it is having on U.S. patent litigation.
Approach of the Model Order
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