Apple has dealt another blow to Samsung in their endless legal battle. Apple says Samsung purposefully destroyed documents that would have been advantageous to Apple’s position.
Apple is requesting the judge to instruct the jury as follows…
Network World reports:
In effect, Apple wants the Judge to instruct the jury as follows:
1. Samsung had a duty to preserve relevant evidence, failed to do so, and acted in bad faith in failing to meet its legal duty.
2. The jury may infer that documents Samsung failed to produce would have been advantageous to Apple’s position.
3. If the jury finds Samsung liable for infringement, they may presume that the infringement was “intentional, willful, without regard to Apple’s rights.”
The motion Apple filed in the Northern District of California claims Samsung intentionally destroyed documents it was obligated to hand over. Saying it was “spoilation of evidence” on a grand scale.
iMore: “Samsung’s ad hoc, unmonitored email “preservation” methods have resulted in the irretrievable loss of unknown volumes of relevant emails. For example, Judge Grewal recently compelled the deposition of Won Pyo Hong, the head of Samsung’s Product Strategy Team, in part due to an email in which Dr.Hong “directly orders side-by-side comparisons of Apple and Samsung products for design presentations.” Apple and the Court cannot possibly know how many more emails Dr. Hong sent or received that would have supported Apple’s claims that Samsung copied Apple products had they not been deleted. The same is true for the many other Samsung witnesses who produced only a handful of emails, or none at all.”
It appears this isn’t the first time the Samsung has destroyed evidence. According to Apple’s lawyers, the company was previously sanctioned in another case for such behavior.
Both parties will present their arguments pertaining to Apple’s motion on June 7 (Apple) and May 15 (Samsung).
Samsung is walking a fine line here. They run the risk of wearing thing the patience of the judges in the case. Samsung has previously received sanctions for dragging their feet in presenting requested evidence.
