In July 2013, the Advisory Council for the US Court of Appeals for the Federal Circuit, a committee that includes Federal Circuit litigators, law professors, court clerks, and government attorneys, issued a “Model Order Limiting Excess Patent Claims and Prior Art.” Notable members of the committee include Chief Judge Rader and several prominent district court judges, including Judge Leonard Davis of the Eastern District of Texas and Judge Lucy Koh of the Northern District of California. The model order limiting excess claims in patent cases followed on the heels of an earlier model order concerning e-discovery in patent cases promulgated by the similarly composed e-discovery committee. Chief Judge Rader had also worked with the Council to develop the e-discovery model order, which was released two years prior, in September 2011.
Originally published in Intellectual Property & Technology Law Journal - May, 2014.
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