Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.
Nature of Case: Patent Infringement
Electronic Data Involved: Stubbed E-mail Attachments
Keywords: Restoration, undue burden, bad faith, cost shifting