EDD Update: Remanded 'Rambus' Returns to Dismissal Sanction
Robinson argues that Rambus destruction of evidence constitutes bad-faith
spoliation and prejudices Micron's case to the extent that dispositive
sanctions rendering Rambus' patents unenforceable are the appropriate
remedy — and will act as a deterrent to similar misconduct. Robinson finds
that although Rambus did institute a document retention policy, which
included three "shred days" in 1998, 1999, and 2000, it was "selective" to
seek an advantage in litigation. Examples that indicate bad-faith
spoliation include:
http://bit.ly/VLzHth
Source:
http://www.eddupdate.com/2013/01/remanded-rambus-returns-to-dismissal-sanction.html
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