Source-code discovery in patent infringement cases

No protective order can anticipate all contingencies, but an early and informed discussion can simplify the process.

May 7, 2012

 Many of today's consumer electronic devices contain embedded software. Frequently this software is automatically updated over the Internet to add new functions or fix bugs. Indeed, anyone with a smartphone is familiar with frequent "updates available" messages. While frequent software updates may make for more feature-rich and robust devices, it creates unique issues for patent litigants involved in sourcecode discovery.

Reprinted with permission from the May 7, 2012 issue of The National Law Journal. Copyright 2012 ALM Media Properties LLC. Further duplication without permission is prohibited. All rights reserved.

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