Managing Discovery In Patent Cases: Best Practices

Law360, New York (January 14, 2009, 12:00 AM EST) -- An appointment as Discovery Special Master in a multidistrict litigation of about 100 patent actions in the Central District of California demonstrated that managing discovery in patent litigation requires specialized best practices to cope with unusual challenges:

- the volume of material, virtually all in electronic form;

- the tenaciousness of counsel; striking the right balance between traditional written discovery and expert opinions;

- the scheduling pressures, driven by court-imposed deadlines for claim construction and summary adjudication;

- privilege disputes complicated by waiver issues peculiar to...
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