Patent Law

The above-titled article by The Honorable Shira A. Scheindlin and Jonathan M. Redgrave appeared in the November 2008 issue of Yeshiva University's Cardozo Law Review.

This article will address the fortuity of two recent revisions to the Federal Rules of Civil Procedure. The first, which occurred in 2003, was the much-needed update of Rule 53, governing the appointment of special masters. This rule revision was undoubtedly intended to expand the use of masters in new directions in order to assist courts in coping with ever-increasing caseloads and in addressing difficult issues that require disproportionate judicial attention and expertise not otherwise available to the court. The second revision, which took effect in late 2006, updated the discovery rules (Rules 26 through 37 and Rule 45) to take account of the digital revolution that has resulted in the overwhelming majority of records being created and maintained in an electronic format. These rule changes can and should have a synergistic effect. In this article, we will first address the revisions of both Rule 53 and the discovery rules, we will then survey the use of special masters in the burgeoning world of e-discovery, and we will conclude by suggesting the appropriate uses for such masters with particular reference to both legal and technical issues. We firmly believe that court adjuncts in this field are both necessary and desirable, particularly when used in thoughtful ways.

Read the full article here.