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.

In light of the Federal Circuit’s new decision, organizations contemplating patent litigation as part of a business strategy may find themselves faced with document...
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