Let's Be Reasonable: Recent Federal Circuit Actions Follow Trend Toward E-Discovery Reform

more+
less-

The U.S. Court of Appeals for the Federal Circuit recently held that expenses associated with a third-party electronic database service can constitute taxable costs. In re Ricoh Co., Ltd. Patent Litig., No. 2011-1199, 2011 U.S. App. LEXIS 23495, *6-8 (Fed. Cir. Nov. 23, 2011). This was the first federal appeals court decision to discuss the issue in detail, and it provides support for the growing line of authority allowing prevailing parties to recover electronic discovery expenses. The Federal Circuit also recently issued a Model Order Regarding E-Discovery in Patent Cases, which proposes several limits on electronic discovery and proposes that the cost of discovery beyond such limits would be borne by the requesting party. These actions by the Federal Circuit are consistent with an overall trend toward reforming electronic discovery and should encourage parties to be reasonable in conducting electronic discovery in patent infringement cases.

In In re Ricoh, the parties (Ricoh and Synopsis) agreed to jointly retain and split the cost of a third-party electronic database service called Stratify to enable production of documents in native format. In re Ricoh Co., Ltd. Patent Litig., No. 03-02289, 2010 U.S. Dist. LEXIS 144033, *24-25 (N.D. Cal. Sept. 29, 2010). After several years of litigation, the district court granted summary judgment in favor of Synopsis and awarded costs to Synopsis as the prevailing party.

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sutherland Asbill & Brennan LLP | Attorney Advertising

Written by:

more+
less-

Sutherland Asbill & Brennan LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×