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Grewal Spreads Federal Circuit's E-Discovery Gospel

Publication Date: 
November 11, 2011
The Recorder
Ginny LaRoe

Professor Mark Lemley spoke with Ginny LaRoe of The Recorder on how strict limits on electronic discovery in patent suits could make patent litigation less costly.

On a hot East Texas day, the chief judge of the Federal Circuit unveiled a plan to "bring some discipline" to e-discovery.

Speaking to the rocket docket crowd and visitors from less plaintiff-friendly jurisdictions, Randall Rader announced a novel advisory order that calls for strict limits on electronic discovery in patent suits, which can cost accused infringers dearly even on bogus claims.

"This only serves as an unhealthy tax on innovation and open competition," Rader told those gathered outside Dallas in September for a joint conference of the U.S. Court of Appeals for the Federal Circuit and Eastern District of Texas.


"The potential benefit is that it could make patent litigation less costly, which would be good for everyone except the 'bottom-feeder' plaintiffs that depend on high costs to drive their settlements," says Mark Lemley, director of the Stanford Program in Law, Science and Technology and a partner at Durie Tangri.