Eastern District of Texas Unveils Model Discovery Order to Streamline Patent Litigation

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One of the “greatest weakness of the US court system is its expense…and the driving factor for that expense is discovery excesses,” said the Federal Circuit Chief Judge Rader when he first introduced the Federal Circuit model discovery order (“CAFC Model Order”) in conjunction with a recent discussion to the Eastern District of Texas Bench and Bar. Judge Rader emphasized that the CAFC Model Order is meant to be a starting point to ensure that patent litigation did not become “an unwieldy, unpredictable and unaffordable burden on innovation.”

On March 2, 2012, the Eastern District of Texas unveiled its own model discovery order as an appendix to local rule amendments. The amendments are effective immediately and have been approved by judges of the court, subject to a public comment period presently slated to end March 23, 2012. The model discovery order is a work product of a group of the Eastern District’s Local Rules Advisory Committee after reviewing the CAFC Model Order. The Eastern District of Texas’s model order (“EDTX Model Order”) largely follows the CAFC Model Order with a few changes...

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