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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!