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Eastern District of Texas Adopts Model E-discovery Order for Patent Cases
Practical Law Legal Update 5-518-3493 (Approx. 3 pages)
Eastern District of Texas Adopts Model E-discovery Order for Patent Cases
by PLC Intellectual Property & Technology
| Published on 06 Mar 2012 • USA (National/Federal) |
On February 27, 2012, the US District Court for the Eastern District of Texas adopted a model order for e-discovery in patent cases. This model order is a variation of the model order for e-discovery in patent cases drafted and adopted by the Advisory Council for the US Court of Appeals for the Federal Circuit in September 2011.
On February 27, 2012, in Appendix P of its General Order Amending Local Rules, the US District Court for the Eastern District of Texas adopted a model order for e-discovery in patent cases. This model order is a variation of the model order drafted and adopted by the Advisory Council for the US Court of Appeals for the Federal Circuit in September 2011.
The Model Order, which may be modified in the court's discretion or on the parties' agreement, addresses electronic stored information (ESI) discovery and, for example, limits the scope of metadata and e-mail discovery. Specifically, metadata and emails generally do not have to be produced in response to general ESI production requests or in compliance with a mandatory disclosure requirement, although metadata production may be required on a showing of good cause.
In addition, under the Model Order, the producing party:
- Must produce electronic documents in single-page Tagged Image File Format.
- Does not need to produce text-searchable files except when they already exist in that format or are converted into that format for use in the subject litigation.
- Does not need to restore any form of media where backup data is maintained in that party's normal or allowed processes.
- Does not need to collect or preserve voicemails, PDAs and mobile phones.
For e-mail discovery, the requesting party:
- Must specifically request e-mail production.
- May serve up to five discovery requests and take one deposition per producing party to identify the proper custodians, proper search terms and proper time frame for e-mail production requests. The court may allow additional discovery on a showing of good cause.
- Must limit its e-mail production requests to eight custodians per producing party. The parties may jointly agree to modify this limit.
- Must limit its e-mail production requests to ten search terms per custodian per party. The parties may jointly agree to modify this limit.
In addition, the parties must specifically identify the 15 most significant e-mail custodians in view of the pleaded claims and defenses.