Discovery and document review for patent litigation often involves technical reviews, challenging collection issues, unusual data sources such as inventor files or lab notebooks, and business confidential or trade secret information. Additional complicating factors are introduced when non-practicing entities (NPEs) or patent trolls are involved, often issuing extremely broad and burdensome discovery requests.
As discovery and review counsel for heavily regulated companies with global operations, Encompass has both the legal knowledge and the technical expertise to develop and implement eDiscovery and document review strategies that are defensible and cost-effective. We advocate on our clients' behalf to push back on aggressive discovery requests and to right-size the review to the true needs of the case.
Our patent litigation discovery counsel and review services include:
- Advocacy to right-size the scope of discovery and push back on aggressive demands
- Advanced technology, including predictive coding and technology-assisted review (TAR) tools, as appropriate
- Early case assessment to narrow the scope of eDiscovery and evaluate magnitude and risk
- Project management and quality control to ensure a consistent and accurate review
- Providing redaction services as needed to protect confidential business and trade secret information
- Together with clients and case counsel, developing review guidelines that address the complexities of the case
Our Encompass patent litigation discovery practice builds upon Nelson Mullins' intellectual property practice. In addition to having 300 seats of review capacity in our discovery review centers in Columbia, SC, and Nashville, TN, Encompass has the ability to draw upon the Firm's intellectual property practitioners more broadly. Nelson Mullins' intellectual property attorneys represent clients in licensing and IP litigation in the United States, Europe, Asia, and South America.
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Document Review for Patent Litigation
When a global pharmaceutical company filed suit to prevent other companies from seeking approval to manufacture and market generic versions of a drug prior to expiration of its patent, it called upon Encompass. Our team reviewed 6.2 million pages to assist the client's AmLaw 100 case counsel in bringing the action.
Patent Troll Litigation Defense
When faced with patent troll lawsuits alleging patent infringement, our client contacted us to conduct document review in coordination with case counsel handling its defense. Encompass employed a variety of tools to analyze approximately 2.8 million pages, including material involving technical research, complex biochemistry, and genetics.