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Wed, 31 December 1969. Patent Litigation Discovery: An Executive's Primer

The magnitude of discovery in patent litigation is on par with other complex civil actions such as mass torts, antitrust, and large security cases. "But what makes patent discovery different is the kind of technical and financial data and information that is sought and how that may and may not be relevant or even useful in the case," says Joseph M. Manak, a patent litigator with the intellectual property law firm Ostrolenk, Faber, Gerb & Soffen, LLP (New York). "Further, the dynamics of the patent discovery process are somewhat unique with respect to how patent litigators seek to obtain the kinds of information they may need to develop their proofs on the issues to be tried or seek to shield information from discovery." Manak is available to write an article outlining, in practical terms, the discovery process in patent litigation, how the federal rules governing the process are often resisted, bent, and sometimes even breached, and how to negotiate the scope of information and documents to be discovered with opposing counsel and third parties.

Channel: Jaffe Legal News Service - Articles for Publication

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