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Mar 19

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New Path for Accelerated Discovery Requires Immediate Expert Assistance

The Eastern District of Texas is well known for its intense patent activity and already provides early disclosure of infringement and invalidity contentions to facilitate faster resolution of these cases.  The Court has now taken similar action by providing an option for accelerated damage discovery, including requiring a two week turnaround between defendant’s production of potentially infringing sales data and plaintiff’s good faith estimate of damages.  Accomplishing this will require expert assistance immediately in the process.  Even for cases that do not settle, this damage estimate will inform the Court’s discovery decisions and resource allocations.

On February 25, 2014, Chief U.S. District Judge Leonard Davis issued General Order 14-3, which provides this optional schedule in patent infringement cases called the Track B Initial Patent Case Management Order (“Track B”).  Track B generally requires early disclosure of the most critical information in assessing the plaintiff’s damages, although the estimates offered during the accelerated period are non-binding and additional discovery is available later in the process.

This article contains a more detailed discussion of the Track B discovery timeline and the need for a damages expert.

About the author

Renee Howdeshell

Renee Howdeshell is a founding member of Fulcrum Inquiry, an accounting, finance and economic consulting firm that performs damage analyses for commercial litigation, forensic accountings, royalty & distribution audits, financial investigations, and business valuations. Ms. Howdeshell holds a degree in Finance and Marketing from the University of Virginia's McIntire School of Commerce and is a Certified Public Accountant (CPA) and a Certified Fraud Examiner (CFE). She has testified as an expert witness in federal court, CA state court and arbitration regarding the results of her work. She can be reached at (213) 787-4112 and her resume is available at www.fulcrum.com.

Permanent link to this article: http://betweenthenumbers.net/2014/03/new-path-for-accelerated-discovery-requires-immediate-expert-assistance/

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