Robocast, Inc. v. Microsoft Corp., No. 10-1055-RGA, 2014 WL 789086 (D. Del. Feb. 25, 2014)

Key Insight: District court sustained Microsoft’s objection to special master’s order granting adverse inference instruction in light of finding that Microsoft’s failure to preserve source code was negligent rather than willful or grossly negligent; a finding of bad faith is required in order for an adverse inference instruction to be appropriate

Nature of Case: Patent infringement

Electronic Data Involved: Source code