Spoliation in Intellectual Property Law and Licensing

About the Course:

*Understanding Spoliation: Key Issues and Legal Implications

Spoliation refers to the destruction or significant alteration of evidence, or a party’s failure to preserve evidence relevant to reasonably foreseeable litigation. The sanctions for spoliation depend on the actions of the spoliating party and the prejudice suffered by the non-spoliating party.

This essential webinar delves into the full spectrum of spoliation issues, providing critical insights for legal professionals. Key topics discussed include:

-Impact of Laches and Detrimental Reliance on Patent Litigation Timeline:** Understanding how these doctrines affect the progression of litigation.
Determining “Reasonably Foreseeable” Litigation:** Criteria and considerations for anticipating litigation.

Triggers for Foreseeing Patent Litigation:** Identifying events and actions that signal impending litigation.

Influence of Longstanding Relationships on “Reasonably Foreseeable” Litigation:** Evaluating how established relationships among parties affect litigation expectations.

Range of Sanctions for Spoliation:** Exploring the variety of sanctions that can be imposed for spoliation.

Establishing Sanctioning for Spoliation:** Legal standards and procedures for imposing sanctions.

Negligence and Rebuttable Presumption of Prejudice:** Analyzing if negligence alone can establish presumed prejudice.

Third Circuit’s Three-Pronged Balancing Test:** Applying this test to determine sanctionable conduct.

Intersection of Inequitable Conduct and Spoliation:** Exploring how these two legal concepts interrelate.

Impact on Document Retention Policies:** Adjusting company policies to mitigate spoliation risks.

Key Cases Referenced in the Webinar:

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 combines his expertise in chemistry and pharmaceuticals with legal acumen to assist clients in navigating complex legal challenges related to their innovations. His experience includes patent prosecution and counseling on small-molecule therapeutics, polymers, and analytical devices. Dr. Hackman helps clients anticipate legal needs and opportunities throughout the product lifecycle, ensuring effective communication and strategic legal planning.

– Spoliation in litigation
– Patent litigation spoliation
– Legal implications of spoliation
– Reasonably foreseeable litigation
– Spoliation sanctions
– Document retention policies
– Patent attorney webinar
– Legal analysis of spoliation
– Spoliation case studies
– Legal strategies for spoliation