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Apr 08, 2016

Berkowitz, Colsher and Purcell Write Article on Proportionality of Discovery in Patent Cases


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Partner Matthew Berkowitz and associates Patrick Colsher and Joseph Purcell (all New York-Litigation) recently wrote an article for BNA’s Patent, Trademark & Copyright Journal titled, “The Proportionality of Discovery in Patent Cases: An Analysis of How District Courts Have Applied, and How They Should Apply, the Proportionality Standard of Amended Federal Rule of Civil Procedure 26(b)(1).”

In this article, the authors analyze district courts’ treatment of discovery disputes following the amendment to the Federal Rule of Civil Procedure 26(b)(1) and explain why district courts can go further in limiting the scope of discovery in patent cases. The rule expressly defines the scope of discovery proportionally according to the needs of the case and clarifies the permissible scope of discovery.  According to the authors, “It may yet be too early to tell how the caselaw on the amended version of Rule 26 will develop, but…it is just the beginning of a trend towards more focused discovery in patent cases.”

View the full article on Proportionality of Discovery in Patent Cases.

Authors and Contributors

Matthew Berkowitz



+1 650 838 3737

+1 650 838 3737

Menlo Park

Patrick Colsher



+1 212 848 7708

+1 212 848 7708

New York