Apple Inc. (NASDAQ:AAPL)’s allegation that Samsung had deleted crucial emails that could have been used as evidence in the ongoing court battle between the two companies has backfired on the company.
A magistrate’s judge's ruling had indicted Samsung on this count and held it liable for `spoliation of evidence' by deleting emails that could have been relevant as evidence for Apple's use in the litigation.
The judge had stated for jury instruction, "i instruct you, as a matter of law that Samsung failed to preserve evidence after its duty to preserve arose. This failure resulted from its failure to perform its discovery obligations."
The presiding judge in the trial, Judge Lucy Koh was prepared to closely follow this statement but after Samsung objected and insisted that Apple was equally culpable of "spoliation of evidence" reversed the ruling of magistrate judge by an order filed late on Sunday.
Get Complete Analysis on The Ongoing Patent case Here
Samsung had said that there were no emails available with Apple that had Steve Jobs mentioning the patent trial during the period 2010 up till his death in 2011.
Foss Patents' Florian Mueller said that, "Instead of providing an adverse inference instruction only against Samsung, the court will tell the jury the same thing about both companies."
According to Mueller this is what the court will say about Samsung - "Samsung Electronics Company has failed to preserve evidence for Apple's use in this litigation after Samsung Electronics Company's duty to preserve arose. Whether this fact is important to you in reaching a verdict in this case is for you to decide."
About Apple, the court is expected to say - "Apple has failed to preserve evidence for Samsung's use in this litigation after Apple's duty to preserve arose. Whether this fact is important to you in reaching a verdict in this case is for you to decide."
"As a result, the jury will not consider Samsung less trustworthy than Apple, which would have been the case if Judge Grewal's decisions to give such an instruction only against Samsung but not against Apple had been upheld," Mueller noted.