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Federal Circuit explores when litigation is “reasonably foreseeable” for spoliation purposes
  • Shook Hardy & Bacon LLP
  • USA
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty.


TiVo v. Echostar: parties settle; leave behind new infringement contempt standard
  • Shook Hardy & Bacon LLP
  • USA
  • May 5 2011

While the dispute over TiVo's patents for digital video-recording devices has finally settled for $500 million after seven years, the litigation generated an en banc Federal Circuit Court of Appeals decision that clarified the standards governing contempt proceedings in patent infringement cases.