New Model Order for E-Discovery In Patent Cases


Listen to Karl Schieneman, Founder and Owner of Review Less and friend of JurInnov, talk with Antigone Peyton, an IP lawyer from Cloudigy: Bruce Fein a technology analytics provider from Backstop, LLP; and Tom Gricks, an e-Discovery attorney from Schnader Harrison about the new Model Order for e-Discovery in Patent cases. This new model order was presented by Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit on September 27, 2011 and has already been accepted and applied in DCG Systems, Inc. v. Checkpoint Technologies, LLC by a U.S. District Court in the Northern District of California.

This controversial order seeks to limit electronic discovery costs by reducing the number of custodian’s email that must be produced in a patent dispute to a presumed 5 custodians with 5 search terms. In addition, the order adopts much of Rule 502 to protect the waiver of privilege, excludes metadata without a showing of cause, and requires email to be produced as a supplemental production after information about the underlying patents have been produced.  The pros and cons of this rule will be discussed in an attempt to discover how it affects the apparent push back by various stakeholders to reduce the costs of electronic discovery.  The movement to amend the Federal Rules in regard to preservation and/or sanctions and the role that technology can play to help in cases to reduce costs without restricting access to evidence will also be discussed.  The diversity and talent of the  panel is what will make this podcast worthwhile.

Recorded November 11, 2011