Judge Randall Rader appears to flying to the e-discovery spotlight like a hungry moth in July. Ginny LaRoe at The Recorder chronicles his speech at the recent conference of the U.S. Court of Appeals for the Federal Circuit and U.S. District Court for the Eastern District of Texas.
He recently announced a new advisory order that calls for strict limits on e-discovery in patent suits, that could "cost accused infringers dearly even on bogus claims," LaRoe reports.
Our Mark Michels first covered Rader in "The Elephant in the Courtroom," last month on our LTN website (and in the coming December issue of our print magazine).
LaRos says at least one California judge has jumped on the bandwagon:
With the ink on the advisory order barely dry, U.S. Magistrate Judge Paul Grewal of the U.S. District Court for the Northern District of California issued an order curtailing email production in a patent infringement suit pending in his San Jose courtroom, becoming one of the first judges in the country to buy into Rader's vision.
The move caused a buzz among patent litigators waiting to see if the approach will rein in e-discovery costs, or prove unworkable and even lead to more venue shopping.
Grewal's Nov. 2 ruling creates a test case for discovery curbs, and further solidifies the young — and still green — magistrate's status as a bright light on the Northern District bench.
"I think it's both a courageous move," Rader said in an interview after word of Grewal's ruling made its way to Rader's Washington, D.C., chambers, "but also just a wise application of an available tool to make his case more efficient."
Read the full Recorder story here.
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Image: Roberto Westbrook