Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Articles

Rambus 'Shred Days' Not Happy Days

June 30, 2009

Articles

Rambus 'Shred Days' Not Happy Days

June 30, 2009

Back to News Listing

Michael Rosen article


Law360.com
Michael Rosen
April 20, 2009

It may be true that “to the victor go the spoils,” but in intellectual property litigation, the reverse is manifestly untrue:  to the spoiler does not go victory.

At least that’s what Judge Sue L. Robinson of the Delaware district court held this past January in a key “spoliation” ruling when she wiped out the entire case of a patentee that had destroyed thousands of key documents.  Micron Technology Inc. v. Rambus Inc., Civ No. 00-792-SLR.

Spoliation is defined, at least in some federal courts, as “the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.”

It can lead to devastating consequences for the offending party, as it did for the company in this case.

Related Services

Stay current with Fish Sign up for our Newsletter