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Expert Analysis

Preservation And Spoliation Standards For Patent Holders

Law360, New York (November 21, 2011, 12:41 PM EST) -- The Federal Circuit recently issued guidance on preservation obligations and spoliation, resolving a district court split and clarifying the point at which litigation becomes "reasonably foreseeable," thereby triggering preservation obligations. The Federal Circuit's decision was prompted by a striking (and perhaps unprecedented) situation in which two federal district courts analyzing the same set of facts had come to starkly different legal conclusions....

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