A Newcomer’s Guide To Litigating Patent Cases In California

Kurt Calia is quoted in a Law360 article providing advice to new California patent litigators. Commenting on skepticism about discovery and sealing, Calia says when one side is seeking production of massive amounts of email or terabytes of technical data, "the judges understand that the cost to litigants — even with all the e-discovery tools that are available — can be substantial." As a result, he adds, "I try to be a bit more constrained in what I’m asking for at the outset." 

Unlike in many other courts, judges in the Northern District carefully review requests to seal documents and strongly believe that courts are a public way to resolve disputes, Calia says. The judges will often only agree to seal very sensitive financial or technical data that rises to the level of a trade secret, which is "not something you see in other forum."