Skip to main content

Legal Update

Federal Circuit Rules on Divergent Spoliation Findings

24 May 2011
Mayer Brown Legal Update
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.’”
The Build a Report feature requires the use of cookies to function properly. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently. If you do not accept cookies, this function will not work. For more information please see our Privacy Policy

You have no pages selected. Please select pages to email then resubmit.