Spoliation

  • Spoliation: “[S]poliation refers to the destruction or material alteration of evidence or to the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.” Litigation may be reasonably foreseeable even if it is not immediate or certain, and depends on contingencies that are reasonably foreseeable to occur. Hynix Semiconductor (Fed. Cir. 05/13/11); Micron Tech. (Fed. Cir. 05/13/11) (aff’g Rambus committed spoliation, but remanding sanction of dismissal for determination of whether Rambus “intended to impair the ability of the potential defendant to defend itself”).