One of the "greatest weakness of the US court system is its expense...and the driving factor for that expense is discovery excesses," said the Federal Circuit Chief Judge Rader when he first introduced the Federal Circuit model discovery order ("CAFC Model Order") in conjunction with a recent discussion to the Eastern District of Texas Bench and Bar. Judge Rader emphasized that the CAFC Model Order is meant to be a starting point to ensure that patent litigation did not become "an unwieldy, unpredictable and unaffordable burden on innovation."
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