What discovery should I expect in a patent case?

What records should the team identify?

Start with records tied to the disputed issues: product designs and versions, relevant technical communications, sales and costs, licensing records, and the history of the asserted patents. These are planning categories, not a promise that every requested record must be produced. Rule 26(b)(1) requires attention to relevance, proportionality, and access to the information.

How are source code and confidential business records handled?

Rule 26(c) permits protective orders for good cause, including restrictions on disclosure of trade secrets and other confidential information. The actual order determines who may see material, where it can be reviewed, and how it can be used. Confidentiality alone is not a substitute for following the court's production and protection procedures.

What about privileged communications?

Rule 26(b)(3) addresses trial-preparation material and Rule 26(b)(5) addresses claims of privilege or protection. In Upjohn v. United States, the Supreme Court distinguished protected legal communications from underlying facts. Organize privilege review with counsel; do not assume a document becomes protected because a lawyer receives a copy.