Intellectual Property, Information Technology & Cybersecurity

By: Monica McCarroll & John B. Swingle
Williams Mullen (North Carolina and Virginia, USA)

Chief Judge Rader of the Federal Circuit caused quite a stir among both the patent and eDiscovery bars when he unveiled a new Model Order intended to curb perceived abuses of eDiscovery in patent cases.

  Chief Judge Rader unveiled the Model Order during his September 27, 2011 remarks at the Eastern District of Texas Judicial Conference.  His speech highlighted six ways to improve patent litigation, and at the top of the list was controlling the cost and efficiency of electronic discovery.  To that end, he explained how the Advisory Council of the Federal Circuit had created a special subcommittee to draft a model rule for eDiscovery guidance.  The Model Order subsequently drafted by the subcommittee was unanimously adopted by the Advisory Council. Click here to read entire article.