From Drafts to Depositions: Modern Discovery, Protective Orders & Expert Battles in IP Litigation | Puja V. Parikh

Digital tools are now embedded in how businesses draft emails, analyze data, write code, and develop products — which means they are embedded in the evidence. This session examines how evolving technologies and digital workflows are reshaping the mechanics of IP litigation, from preservation and discovery strategy to expert challenges and courtroom presentation.

Panelists will discuss pragmatic approaches to ESI protocols, defensible preservation practices, and protective-order provisions that address confidentiality, source code, proprietary data, and third-party vendor access. The discussion will also cover common discovery flashpoints, including metadata disputes, document versioning, access controls, and data provenance issues.

In addition, the panel will explore how to make — and defend against — challenges to expert analyses that rely on advanced digital tools and large data sets. What level of transparency is required? How do you avoid credibility pitfalls? And how do you translate complex technical concepts for judges in plain English?

The session may include a brief “motion to compel” mini-argument, with panelists presenting competing positions on a contested discovery issue.