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Patent Law

: Philip Brooks’ Patent Infringement Updates

Update on Proposed Amendments to Rule 26 of the Federal Rules of Civil Procedure

By Philip Brooks

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The Judicial Conference has proposed significant amendments to Federal Rule of Civil Procedure 26. Among other things, the proposed amendments would:

  • Create a obligation to disclose a summary of the facts and opinions of experts who are not required to provide written reports under Rule 26(a)(2)(B); and
  • Extend work-product protection to drafts of Rule 26(a)(2)(B) expert reports and to most attorney-expert communications.

The Judicial Conference is currently seeking public comments.  An article by Gregory P. Joseph available to members of the ABA summarizing the proposed amendments, which were largely proposed by the ABA and are expected to go into effect on December 1, 2010, may be found here.  Written comments must be received by February 17, 2009.

Further information including hearing dates and locations is available here.

Full post as published by Philip Brooks’ Patent Infringement Updates on November 07, 2008 (boomark / email).

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