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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.’”

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