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Serving as a discovery special master in patent litigation cases presents challenges that are unique to patent disputes. These include: the need to be comfortable with technology and patent law; familiarity with electronic discovery; dealing with an enormous volume of discovery material; managing counsel who tenaciously contest even minute details; striking a balance between traditional written discovery and expert opinions; finding efficient ways to accomplish discovery against third parties; and resolving scheduling impasses created by mountains of expert discovery. "A discovery master is not serving the parties well unless they save money through focused, efficient, collaborative discovery," says Martin Quinn, an arbitrator, mediator and special master with JAMS, The Resolution Experts (San Francisco), who is frequently appointed by federal and state judges to manage discovery in patent cases and other complex lawsuits. "Courts commonly put patent cases on very fast tracks, so neither side has time for a discovery master to dither about a decision. Unlike fine wine, discovery issues do not improve with time, so it's vital that a discovery master understand and use best practices to reach sound, prompt decisions." Discovery masters are appointed by sitting judges to assist with lawsuits that are legally or administratively complex. Quinn, a former trial lawyer with more than 25 years of experience, who teaches mediation as an adjunct professor at Hastings Law School, is available to write an article that outlines the best practices for using a discovery special master in complex patent litigation. [09/18/2008]
Channel: Jaffe Legal News Service - Articles for Publication
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