Iridex Corp. v. Synergetics, Inc., 2007 WL 781254 (E.D. Mo. Mar 12, 2007)

Key Insight: Where defense expert witnesses testified that defense counsel prepared the first drafts of reports, and revisions and changes were often exchanged through email, and plaintiff contended that it could not tell whether all drafts were produced, nor could it tell who created and/or revised each draft, court ordered defendant to produce copies of all drafts of all expert opinions, together with all communications between defendant?s employees or counsel and expert witnesses regarding the drafts; court further ordered defendant to provide a declaration of counsel confirming full production and explaining the chronology of the revisions and the author of each set of revisions; declaration would be binding on defendant and could be used for cross-examination of expert witnesses

Nature of Case: Patent infringement

Electronic Data Involved: Email and draft expert reports