Spoliation in Intellectual Property Law and Licensing



About the Course:

Spoliation is the destruction or material alteration of evidence or a party’s failure to preserve evidence related to a reasonably foreseeable litigation. Sanctions associated with spoliation usually depend on the conduct of the spoliating party and the prejudice to the non-spoliating party.

This webinar is crucial for understanding the full-gamut of spoliation issues. Among the issues discussed during this unique webinar are:

  • How might laches and detrimental reliance impact the patent litigation timeline?
  • How is “reasonably foreseeable” litigation determined?
  • What are possible triggers for foreseeing patent litigation?
  • How might a longstanding, mutually beneficial relationship among the parties impact the issue of “reasonably foreseeability”?
  • What does the range of sanctions for spoliation look like?
  • How is the sanctioning of spoliation established?
  • Is negligence sufficient to establish a rebuttable presumption of prejudice?
  • What is the Third Circuit’s three-pronged balancing test for determining sanctionable conduct?
  • Where does the intersection of inequitable conduct and spoliation lie?
  • How should spoliation exposure affect a company’s document retention policies?

The following are among the cases referred to 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 define their issues internally and better communicate their innovations to specific key audiences within the legal community. He helps clients anticipate both potential needs and opportunities within the lifecycle of their products and the related legal matters that may arise. A recent graduate of law school, Dr. Hackman applies legal analysis to complex issues related to chemical and pharmaceutical products in order to most effectively navigate the legal aspects of his clients’ innovations. His experience includes patent prosecution and client counseling relating to small-molecule therapeutics, polymers, and analytical devices.

Course Length: Approx. 1.5 hours


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