Patent litigation is on the rise. (In 2006, 2,830 patent cases were filed!) And the damage awards are staggering. Last year, the median verdict in a patent case was $4.2 million. The Recent U.S. Supreme Court and Federal Circuit decisions have brought additional notable changes to the patent litigation landscape. With the cost of litigation soaring, now more than ever attorneys must diligently manage, disclose, and retain their documents.
In this dynamic three-hour webcast, our panel of e-discovery specialists, lawyers, and in-house counsel will discuss e-discovery methods and best practices in patent litigation. You will learn innovative techniques and strategies for staying ahead of your competition. Hear from inside and outside counsel, judges, and leading electronic discovery service providers as they discuss innovative approaches and technologies in the context of each stage of the electronic discovery process: from identification to preservation, processing, production, and presentation.
The emphasis throughout the program will be on practical solutions that have been proven to save time and money. Our faculty will go beyond the basics, focusing instead on advanced approaches for dealing with the document retention and electronic discovery challenges you are certain to face in the future.
Topics to be covered include:
I. Best Practices for Electronic Discovery in Patent Litigation
Early disclosure and an e-discovery plan the new rules of the game
Old and new litigation models
Duty to preserve electronic information
Negotiating limits to e-discovery with opposing counsel
Collecting and producing the core technical documents in a patent litigation case
Collecting and producing the client's crown jewels, source code the key evidence describing the structure, function, and operation of the accused products
Producing, collecting, logging, reviewing, and storing electronically stored information
II. How the New Federal Rules Impact Patent Litigation
Meet and confer strategies
Two tiers of discovery for electronically stored information: accessible v. not reasonably accessible
Application of Rules 33, 34 and 45 to electronically stored information, including form of production and database access
Assertion of privilege after production, Rule 26(b)(5)
Sanctions or safe harbor under Rule 37
Third-party subpoenas
Evidentiary issues
III. Using a Vendor to Search and Navigate Discovery Collections in a High Stakes Patent Litigation Case
Efficiently and effectively collecting electronically stored information
What to do with the electronic information you have collected how to best review and produce the material
Potential problems and pitfalls in document collection and production
Cost savings in document collection
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing sales@westlegaledcenter.com.