Proportionality of Electronic Document Request is Best Achieved With Search Terms, Not Designated Custodians​

The court granted defendants' motion to compel the production of emails "from seventeen named inventors of the fourteen asserted patents and licensing executives involved in the parties’ FRAND negotiations" and rejected plaintiff's argument that the requests were not proportional and should be limited to certain document custodians. "As other courts have explained in complex cases such as this, [plaintiff's] proposed limitations on e-discovery or the number of email custodians is not typically warranted. The emails from the inventors and licensing executives appear to at least meet the 'reasonably calculated' standard articulated in Rule 26(b)(1). [Plaintiff's] proportionality argument is not persuasive because [defendant] provides adequate limitations on the discovery by requiring particular search terms."

Huawei Technologies Co. Ltd v. T-Mobile US, Inc. et al, 2-16-cv-00052 (TXED April 21, 2017, Order) (Payne, MJ)