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ARTICLE · 06 APRIL 2009

IP Litigation Winter 2009 Newsletter

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A recent decision by the Delaware federal district court is a stern reminder that the obligation to preserve documents can arise long before litigation begins.

United StatesIntellectual Property
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Micron v. Rambus: Beware the Consequences of Spoliation!
By Thomas I. Elkind and A. Bryce Rufener

A recent decision by the Delaware federal district court is a stern reminder that the obligation to preserve documents can arise long before litigation begins. In Micron Tech., Inc. v. Rambus Inc., 255 F.R.D. 135 (D. Del. 2009) (Rambus), the court, as a sanction for Rambus's extensive spoliation of evidence, found 12 Rambus patents unenforceable against Micron. The court found clear and convincing evidence of bad faith by Rambus, which had ordered the shredding of thousands of relevant documents after the date when litigation was reasonably foreseeable. Rambus has filed a notice of appeal.

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