Bombardier Rec. Prods. v. Arctic Cat Inc. – Are draft reports discoverable?
Abstract: Under the Federal Rules of Civil Procedure, draft reports, expert notes and other expert-attorney communications generally aren’t subject to discovery. But there are some exceptions. This article summarizes a recent patent infringement case where an expert’s draft report was discoverable because it contained editorial comments from a different expert. It also provides insight on how to protect your expert’s draft reports from discovery. Bombardier Rec. Prods. v. Arctic Cat Inc., Case No. 12-cv-2706 (ADM/LIB), D. Minn., April 19, 2016