The court granted in part defendant's motion for sanctions for evidence tampering and spoliation and excluded all of plaintiff's testing of the accused devices. "The [defendant's] SYSTEM and ALERT logs automatically log critical file information. However, these logs in the [defendant's] devices in [plaintiff's] possession do not reflect the testing that [plaintiff] claims to have performed. This testing was the basis for [the] statements that would support [plaintiff's] claims. . . . Without the log information, [defendant] is effectively deprived of the opportunity to examine and verify the purported testing, inspection or other uses and results of the [accused] devices allegedly performed by [plaintiff]. . . . [Defendant] has requested preclusion of evidence and/or dismissal of this case together with attorneys’ fees and costs as sanctions. Terminating sanctions would be excessive. . . . Here it is appropriate to simply exclude any results of [plaintiff's] testing from evidence and to award [defendant] its expenses, including attorneys’ fees in this motion."
Fatpipe Networks India v. Xroads Networks, 2-09-cv-00186 (UTD January 23, 2012, Order) (Nuffer, M.J.)