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Fact-Gathering in Patent infringement Cases : Rule 34 Discovery and The Saisie-Contrefaçon
“Inventions, their exploitation, and the related prior art being inherently scientific and technical in nature, have a proclivity for recordation of information directed to their development, particulars of construction, modification, and application in documents.”¹ In fact, documents, tangible items and processes embody the most vital evidence available for proving patent validity and infringement.² As such, document discovery constitutes the evidentiary foundation of most patent infringement actions.³
In United States law, Rule 34 of the Federal Rules of Civil Procedure (Federal Rules or Rules) addresses production of documents, tangible things and inspection of premises
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