CACD Mag. Judge Mumm Addresses e-Discovery Fundamentals in Katz Litigation
Magistrate Judge Frederick F. Mumm (Central District of California) recently issued a case management order in In re: Katz Patent Litigation covering a number of common e-discovery issues:
- document preservation
- document production formats
- meet and confer obligations
- production of audio-video recordings
Patent litigators will immediately recognize the name Ronald A. Katz. Mr. Katz obtained a very broad patent covering such diverse activities as customer service, securities trading, merchandising, home shopping, etc. Mr. Katz, based in Los Angeles, has systematically enforced his patent in lawsuits and licensing initiatives around the country; earning enviable licensing fees, but becoming rather unpopular in some circles in the process.
Magistrate Judge Mumm has been assigned to oversee discovery for several cases brought by Mr. Katz that are consolidated for discovery. In cases of this magnitude, even trivial matters are often contested. Indeed, the case management order itself could not be stipulated, requiring argument before Judge Mumm.
The attached order gives general insight into Judge Mumm's view of electronic discovery obligations.
Discovery Order Highlights:
1. The parties' obligation not to destroy documents relevant to the current litigation began upon the filing of suit or the notice of the intent to file suit, whichever came first.
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