Remedial Measure Evidence Use In IP Cases Needs Clarity

Law360 (November 19, 2020, 4:14 PM EST) -- Federal Rule of Evidence 407 prohibits offering evidence of subsequent remediation after the occurrence of an injury.[1]

Traditionally, this rule applied only to personal injury cases in which property owners could freely repair a defect without worrying that the injured party could offer evidence of the repair to prove the property owner's negligence. In other words, property owners could fix a dangerous defect, thereby preventing further accidents, and have their good deed go unpunished.

Some courts have recently applied the rule to intellectual property matters. But, should FRE 407 apply to IP infringement?

Background of FRE 407 and Majority View for...

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