The Fruit of the Poisonous Tree in IP Law

Author:Mark A. Lemley
Position:William H. Neukom Professor of Law, Stanford Law School; Partner, Durie Tangri LLP

If a police officer searches my home illegally and finds evidence of a crime there, the criminal law suppresses not only that evidence, but evidence derived from the search that was not itself found illegally. This doctrine is known as the "fruit of the poisonous tree." The animating principle of the fruit of the poisonous tree doctrine is but-for causation: If you had not violated the law, you... (see full summary)

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