Spoliation in Intellectual Property Law and Licensing
$295
About the Course
Spoliation is the destruction or material alteration of evidence, or a party’s failure to preserve evidence related to reasonably foreseeable litigation.
Sanctions associated with spoliation typically depend on the conduct of the spoliating party and the prejudice suffered by the non-spoliating party.
This webinar is crucial for understanding the full spectrum of spoliation issues, including:
- •How might laches and detrimental reliance impact the patent litigation timeline?
- •How is “reasonably foreseeable” litigation determined?
- •What events may trigger the anticipation of patent litigation?
- •How can longstanding, mutually beneficial relationships affect foreseeability?
- •What does the range of possible spoliation sanctions look like?
- •How is sanctionable spoliation established?
- •Is negligence sufficient to establish a rebuttable presumption of prejudice?
- •What is the Third Circuit’s three-pronged balancing test for spoliation sanctions?
- •Where does the intersection of inequitable conduct and spoliation lie?
- •How should spoliation risk influence document retention policies?
The following cases are discussed during this session:
- •Micron Tech., Inc. v. Rambus Inc.
- •Hynix v. Rambus
- •Samsung v. Apple
- •Zubulake v. UBS Warburg LLC
- •Sanofi-Aventis Deutschland GmbH v. Glenmark Pharm.
- •Forest Labs., Inc. v. Caraco Pharm. Labs., Ltd.
- •Victor Stanley, Inc. v. Creative Pipe, Inc.
- •Sekisui Am. Corp. v. Hart
- •Silvestri v. Gen. Motors Corp.
- •Faas v. Sears, Roebuck & Co.
- •Therasense, Inc. v. Becton, Dickinson & Co.
Course Leader
Blaine M. Hackman, Ph.D., Patent Attorney, Frommer Lawrence & Haug LLP
Dr. Hackman leverages his chemical and pharmaceutical background to help clients anticipate legal risks and opportunities throughout the product lifecycle.
His experience includes patent prosecution and client counseling related to chemical and pharmaceutical innovations, including small-molecule therapeutics, polymers, and analytical devices.
Course Length
Approx. 1.5 hours
Pricing
$295.00 per user