Evidence in Patent Litigation: Navigating Proportionality Requirements, Experts, Scope, Timing, and RFPs

This CLE course will guide patent litigation counsel on discovery issues. The panel will examine proportionality requirements and considerations to determine if these requirements are met. The panel will discuss scope and timing of discovery, including patent holder and accused infringer requests for productions and experts. The panel will also examine recent court treatment and offer best practices for navigating discovery issues in patent litigation.

The Federal Rules of Civil Procedure require discovery to be relevant and proportional to case needs. The courts are to consider "the importance of the issues at stake in the action, the amount in controversy, the parties' relative access to relevant information, the parties' resources, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit."

Counsel must understand the factors to consider when determining whether a given discovery request is proportional to the needs of the case, including the importance of an issue, the adequacy of alternative discovery measures, and the privacy concerns involved.

Listen as our authoritative panel of patent litigators examines discovery issues in patent litigation. The panel will examine proportionality requirements and considerations to determine if these requirements are met, including limited practical importance, other discovery, and privacy concerns. The panel will discuss the scope and timing of discovery and a patent holder and accused infringer RFPs. The panel will examine recent court treatment and will offer best practices for navigating proportionality requirements and other discovery issues in patent litigation.