University of Denver

District of Oregon: Local Rule Amendments Adopt Model Patent Order, Employment Protocols

On November 5, 2012, the United States District Court for the District of Oregon approved amendments to the Local Rules of Practice and Procedures. 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 “shall govern in all cases in which a claim of patent infringement is asserted.” The Court can tailor the language or explicitly adopt it verbatim, but the Model Order applies in absence of a specific order. Local Rule 26-7 sets forth initial discovery protocols for employment cases alleging adverse action. The local rule effectively adopts the Initial Discovery Protocols For Employment Cases Alleging Adverse Action, which were approved by the Civil Rules Advisory Committee in November 2011 for implementation in pilot projects around the nation. The new amendments took effect March 1, 2013.

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