University of Denver

Texas: Model Order Regarding E-Discovery in Patent Cases

In February 2012, the Eastern District of Texas adopted a Model Order Regarding E-Discovery in Patent Cases. The Model Order provides clear and practical e-discovery rules for practitioners in patent cases in the Eastern District, including the extent of metadata disclosure, limitations on email production requests, and parameters for ESI production. The Model Order can be found as a form order in the appendix to the Local Rules. The working group of the Local Rules Advisory Committee used the Model Order Regarding E-Discovery in Patent Cases presented by Federal Circuit Chief Judge Randall Rader to the Texas Eastern Bench Bar Conference in September 2011 as a baseline and then recommended changes based on the members’ experience within the district. The working group has provided a redline/strikeout version of the Eastern District’s Model Order, which reflects changes from Chief Judge Radar’s Model Order, as well as detailed commentary behind the changes.

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