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Federal Circuit Reverses Ruling That Spoliation Made Patents Unenforceable

WASHINGTON, D.C. - (Mealey's) A ruling that Rambus Inc.'s patents in suit for various aspects of its dynamic random access memory (DRAM) chips were unenforceable as a result of the company's spoliation of evidence was reversed May 13 when a Federal Circuit U.S. Court of Appeals panel voted...

Fulbright & Jaworski On Landmark Federal Circuit Rulings On Spoliation, Sanctions

Micron Tech., Inc. v. Rambus Inc. , 2011 U.S. App. LEXIS 9730 (Fed. Cir. May 13, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] and Hynix Semiconductor Inc. v. Rambus Inc ., 2011 U.S. App. LEXIS 9728 (Fed. Cir. May 13, 2011) [...

Sutherland Alert: Shredding Before Suing Can Lead To Spoliation Sanctions

by Ann Fort and Jason Chang Patent owners are now on notice: The Federal Circuit has confirmed that shredding relevant documents after identifying litigation targets can lead to spoliation sanctions, even if the destruction occurred before litigation was "imminent" or "probable without...

Remedies For Spoliation Of Evidence

New York state courts are increasingly turning to federal Zubulake standards [ enhanced version available to lexis.com subscribers ] when confronted with spoliation of electronic evidence issues. However, in dealing with garden variety spoliation of evidence scenarios, not involving ESI, New York courts...

William A. Ruskin: Breach Of Warranty & Product Liability Claims Dismissed Against Auto Service Provider

By William A. Ruskin In 2008, the parents of Sean Reeps, brought suit against BMW , Martin Motor Sales and Hassel Motors ("Hassel"), alleging that Sean's mother, Debra, was exposed to gasoline fumes in the family's BMW during her pregancy, which resulted in Sean being born with birth...

Williams Mullen Client Alert: Limiting eDiscovery In Advance In Material Contracts

By JAY BRUDZ and LAURENCE V. PARKER, JR. The Federal Rules of Civil Procedure were amended in 2006 to acknowledge the increasing significance of electronically stored information in litigation. These amendments and similar amendments to state rules have cemented the importance of electronic discovery...

2nd Circuit: Failure to Issue Hold Notice by Itself Not Enough for Discovery Sanctions

The U.S. Second Circuit Court of Appeals has rejected the notion that a failure to institute a litigation hold constitutes the kind of per se gross negligence that warrants sanctions for evidence spoliation. By doing this, the court was clear in disagreeing with an often-cited 2010 decision by...

Troutman Sanders LLP: Do You Have Control? - Document Preservation Obligations

We all know that litigants or potential litigants have an obligation to preserve potentially relevant and discoverable evidence, under certain circumstances, when litigation is reasonably forseeable. But what are your obligations when a third-party controls your documents? And what are your preservation...

William A. Ruskin: Plaintiff Spoliates Self And Her Case Is Dismissed

By William A. Ruskin On August 7, 2012, the New York Law Journal reported that the lawsuit of a woman, who disobeyed three court orders directing her to undergo a physical examination by a defense medical expert in a personal injury lawsuit before she underwent spinal surgery, was dismissed due to...

U.S. Judge Says Plaintiff's Litigation Hold Doesn't Pass Smell Test, Directs It to Pay for Spoliation Probe

Will your litigation hold meet a judge's expectations? And if not, what are the potential consequences? Are you looking at sanctions or millions of dollars' worth of forensic discovery? To get a glimpse of at least one federal court's view on this, we look to the Oct. 2, 2012, decision in...

Exporting Data to a Cloud Could Mean Importing Trouble

The concept of exporting might conjure up images of large shipping crates hoisted aboard ships or wheeled through the cargo bay doors of humongous transoceanic aircraft. What likely doesn’t come to mind is that invisible place where you back up your computer. But if you are saving data on a cloud...