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Federal Circuit Unveils Model Order on E-Discovery in Patent Cases

by Victoria VanBuren
October 2011

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly Hayes

Victoria VanBuren
To address the problem of excessive costs of the discovery process, particularly in patent litigation, the Advisory Council of the Federal Circuit created recently a task force to draft a model rule for e-discovery governance.
The final product, “Model Order on E-Discovery in Patent Cases” was unveiled on September 27 by Chief Judge Randall R. Rader at the 2011 E.D. Texas Bench and Bar Conference. The goal of the Model Order, Chief Judge Rader said, is to ” streamline e-discovery, particularly email production, and require litigants to focus on the proper purpose of discovery—the gathering of material information—rather than on unlimited fishing expeditions.”
The 14 provisions of the Model Order address cost shifting, metadata, and the treatment of privileged information. The majority of the provisions address the email discovery.
Download Chief Judge Randall R. Rader’s speech (pages 1-20) and Model Order (pages 21-28) here.


Victoria VanBuren holds a B.B.A. in Finance from Southern Methodist University and a J.D. from the University of Texas School of Law.  She focuses on intellectual property law and arbitration. Known as a "worker bee," she is an active legal blogger and is currently pursuing a degree in computer science. Prior to joining the team at Karl Bayer, Victoria worked at a boutique intellectual property law firm in Austin. She is well versed in computer hardware and programming languages: Assembly, C/C++, HTML, XHTML, XML, Perl, JavaScript, and PHP.

While in law school, Victoria was a Graduate Research Assistant for Professor John S. Dzienkowski, from The University of Texas at Austin. She was responsible for selecting cases for inclusion in the textbook International Petroleum Transactions. Victoria was particularly involved in researching the areas of international business litigation and arbitration. She also performed extensive research on political and economic risks within the context of international licensing agreements.

Having lived and studied in Mexico, Canada, and the U.S., Victoria brings a unique perspective to Karl Bayer. Right after high school, Victoria moved to Canada to study English and French. Born and raised in Mexico, she is a native Spanish speaker and a graduate of the Monterrey Institute of Technology (Instituto Tecnologico y the Estudios Superiores de Monterrey), where she concentrated in Physics and Mathematics.

Professional Activities

- American Bar Association, Young Lawyers
- American Intellectual Property Law Association (AIPLA)
- Association of International Petroleum Negotiators (AIPN)
- National Hispanic Bar Association (NHBA)
- State Bar of Texas, Intellectual Property

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Additional articles by Victoria VanBuren