Patent cases are very discovery intensive, and many courts now have “patent local rules” that provide regulated process by which plaintiffs disclose their infringement contentions (i.e., explanations of why the defendant’s acts infringe the plaintiff’s patent) and by which defendants disclose their invalidity contentions (i.e., explanations of why the plaintiff’s patent claims are invalid). These…
Read MoreTag: discovery
The discovery rules in federal litigation provide a powerful mechanism for obtaining evidence necessary to defend against claims of patent infringement. However, anyone who has been through the process knows that it can be very difficult and contentious, especially when the stakes are high and/or you are dealing with an uncooperative adversary. As an adjunct…
Read MoreThis week, we follow-up on last week’s post on requests for production with a discussion of interrogatories. Before serving interrogatories, it is advisable to obtain all of the information you can about the topics below through publicly available information such as SEC filings, press releases, product brochures, patent office records, etc. This information may help…
Read MoreMany patent litigation treatises or other secondary materials describe the types of discovery devices that can be used in patent cases, but few of them discuss what to seek—and why. Attorneys who are new to patent litigation often rely on exemplars of discovery requests prepared by others but may not appreciate their purpose. In this…
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