December 12, 2017

Chief Judge Rader on the Patent Pilot Program

In a speech on January 18, 2012, at Stanford Law School, Chief Judge Rader of the Federal Circuit Court of Appeals described how he thought the Patent Pilot Program would specifically affect patent litigation in the United States, and litigation in the U.S., in general. (In a previous post, Pilot Patent Litigation Program is Here – Is It In a Court Near You?, I described the basics of the Patent Pilot Program).

While Judge Rader addressed a number of aspects of the Patent Pilot Program, he focused on the potential to reduce patent litigation expenses.  According to Chief Judge Rader the Patent Pilot Program provides the way for the “patent system to lead to an economically defensible adjudication model” by allowing courts “to address more effective ways to reduce the cost of discovery.”  If this is successfully done in patent cases, Judge Rader believes that it will be “the tip of the spear” in improving all U.S. civil litigation.  Rader also cited the Federal Circuit’s Advisory Committee’s Model Ediscovery Order as “step one” in a plan to reduce discovery costs.

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