University of Denver

District of Oregon's Local Rules Amendments Incorporate Model Patent Order, Employment Protocols

Senior Director

On Monday, the United States District Court for the District of Oregon directed that local rule amendments that had previously been proposed and submitted for public comment take effect March 1, 2013. The amendments, which are summarized here, include adoption of two pilot projects that are being implemented around the country to focus and streamline discovery. Local Rule 26-6 directs that the Model Order Regarding E-Discovery in Patent Cases govern in all cases including a claim of patent infringement, although the Court has the freedom to tailor the language as needed. The Model Order was developed by a special subcommittee of the Federal Circuit’s Advisory Council and is “intended to be a helpful starting point for district courts to use in requiring the responsible, targeted use of e-discovery in patent cases.” Likewise, Local Rule 26-7 sets forth initial discovery protocols for employment cases, effectively adopting, with minor modifications, the Initial Discovery Protocols For Employment Cases Alleging Adverse Action. The Employment Protocols are an outgrowth of the 2010 Conference on Civil Litigation at Duke University and were approved by the Civil Rules Advisory Committee in November 2011 for implementation in pilot projects around the nation. The District of Oregon’s adoption of both projects reflects its commitment to finding solutions to unnecessary cost and delay in the litigation process. Click here for more information about these amendments.