Press Releases
Iron Mountain Announces IP Litigation Discovery Escrow Service to Simplify
and Facilitate Pre-Trial Discovery
~Service provided in response to requests from patent litigation lawyers - helping
them to easily, securely and cost-efficiently manage the disclosure process~
LONDON - April 8th, 2009 - Iron Mountain today announced the availability of its Intellectual Property (IP) Litigation Discovery Escrow Service in the UK, facilitating the secure gathering and examination of evidence during intellectual property lawsuits, reducing cost, response time, and risk that frequently accompany disclosure hearings.
Research analyst firm, Gartner, states that “Litigation is counter-cyclical, and with more trouble in the economy, there will be more litigation."[1] The decision to provide this service now has been driven by two factors:
- the rise in patent litigation cases in the UK - between 2006 and 2007, the UK witnessed an increase of 83% in the number of intellectual property claims and proceedings issued by the Chancery Division (London).[2]
- in response to requests from patent litigation lawyers who needed a trusted third party to assist them in viewing intellectual property (IP) assets held in escrow.>
“During the discovery phase of litigation there is an inherent conflict of interest between the defendant and claimant parties,” says Ian Brookes, Business Development Manager Intellectual Property Management at Iron Mountain. “Defendants must satisfy the discovery requirements of the court while simultaneously protecting their intellectual property.”
Through the Discovery Escrow service, Iron Mountain provides a neutral, secure facility where a claimant can access and examine intellectual property that a defendant has been accused of infringing, while eliminating the potential exposure and risk associated with defendants delivering that proprietary information directly to claimants.
Examples of intellectual property being examined in an IP infringement case could include software source code, a chemical formula for a drug product in a scientist’s laboratory notebook, or design specifications. In the example that software is involved in an IP infringement dispute, the software would be loaded on to a laptop (with networking and printing facilities disabled), and made available in a secure room for the claimant to analyse the software source code, enabling them to prepare their case before a trial.
“It is essential that claimants' lawyers and experts gain access to the information necessary to prepare for trial. Iron Mountain is a trusted, neutral third party, which is why we can so successfully balance the needs of both the defendant and the claimant,” says Brookes.
“Most of the expenses in an intellectual property court case tend to be incurred during the pre-trial phase,” says Brookes. “Where the Discovery Escrow service has been used, it has helped streamline processes and reduce the time and cost involved in pre-trial preparation in IP litigation. By reviewing the IP in dispute in the pre-trial phase, litigants are able to decide whether there is a case or not to pursue in a full blown trial.”
At Iron Mountain, in secure, climate-controlled, state-of-the-art data protection and storage facilities, all types of intellectual property materials can be stored. Secure rooms, which are specifically configured to prevent all external communications, are used for examining relevant materials while retaining strict control against dissemination. Customers can easily specify and regulate who may view materials, and when those materials are available for examination.
The Discovery Escrow service is now available throughout Europe, taking advantage of Iron Mountain's extensive footprint of secure data protection storage facilities, allowing the service to be delivered at locations that are conveniently located and agreeable to both claimant and defendant parties.
Iron Mountain’s Intellectual Property Management division has been a trusted partner for safeguarding intellectual property for over 25 years, serving the intellectual property management needs of over 40,000 clients around the world, including 90% of Fortune 500 companies.
For further information, please visit Iron Mountain online at www.ironmountain.co.uk.
[1] Reduce the Cost and Risk of E-Discovery in 2009, Gartner, 9 January 2009
[2] Ministry of Justice - Judicial and Court Statistics report 2007
About Iron Mountain
Iron Mountain Incorporated (NYSE:IRM) helps organizations around the world reduce the costs and risks associated with information protection and storage. The company offers comprehensive records management and data protection solutions, along with the expertise and experience to address complex information challenges such as rising storage costs, litigation, regulatory compliance and disaster recovery. Founded in 1951, Iron Mountain is a trusted partner to more than 120,000 corporate clients throughout North America, Europe, Latin America and Asia Pacific. For more information, visit the company's Web site at www.ironmountain.com.
