In two related cases involving accusations of spoliation of evidence leveled against patentowner and declaratory judgment defendant, Rambus Inc.,1 an expanded five-judge panel of the US Court of Appeals for the Federal Circuit held that the duty to preserve evidence begins when litigation is “reasonably foreseeable.” The court rejected a “restrictive gloss” that the litigation be “‘imminent, or probable without significant contingencies.’”
Downloads –
Related Capabilities
Latest Perspectives
Stay up-to-date on our perspectives
Subscribe to Email