How ITC Arrived At Proportional Discovery In IP Investigations

By Joshua Hartman and Hayley Ostrin (August 11, 2020, 3:11 PM EDT) -- The 2015 amendments to the Federal Rules of Civil Procedure emphasized the limiting power of proportionality on discovery.

Jettisoning the old "reasonably calculated to lead to the discovery of admissible evidence" standard, amended Rule 26(b) permits discovery into matters that are relevant, not privileged and "proportional to the needs of the case."[1]

This change reframed the scope of discovery around the importance of the information sought relative to the difficulty in providing it, elevating practicality and fairness to more prominent roles.

What about discovery in Section 337 investigations before the International Trade Commission, where intellectual property litigators find themselves from time...

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