A plaintiff’s inequitable conduct in connection with the matter in controversy provides a complete defense to the plaintiff’s action. (Dickson, Carlson & Campillo v. Pole (2000) 83 Cal. App. 4th 436, 446.) Conduct is sufficient to constitute unclean hands if it “violates conscience, or good faith, or other equitable standards of conduct.” (Id.) The doctrine of unclean hands also applies to bad faith conduct by the plaintiff in connection with the matter in controversy.
The ALJ found spoliation , they did not find bad faith and NVDA could not show they were prejudice in anyway, so unless this court wants to make fools of themselves the last thing they will do is remand this back to the ITC and ask them and RMBS to go on a witch hunt.
ON VIOLATION OF SECTION 337 AND RECOMMENDED DETERMINATION ON REMEDY AND BOND Administrative Law Judge Theodore R. Essex (January 22,2010)
"The ALl makes one last observation regarding Rambus's assertion that the document retention policy was to clean up the work area or that they had become packrats to such an extent that it was necessary. If that were the case, there would have been no reason whatsoever to have their outside patent counsel purge their files, as those files were not on Rambus's property. The only reason to purge any outside files takes us back to the fact Ranibus was not following a standard industry practice, they were getting "battle ready."
"Staff has suggested that there is an issue as to whether "bad faith" or a lesser standard of negligence should apply to a determination of whether there was spoliation of evidence. The ALl finds no such issue. The ALl finds the evidence of Rambus' intention to destroy evidence for purposes of preparing the company for litigation overwhelming and that the destruction was intentional and in bad faith. Rambus's evidence to the contrary cannot withstand even the most fundamental inquiry, based on the documents and statements of its own personnel."
You appear to be a potential customer for a soft, absorbent Rambus crying towel (pat. pending).