The legal fight between Apple and Samsung is going on with full force. Apple (NASDAQ:AAPL) won the latest battle when US judge Paul S. Grewal ruled that “Samsung has failed to prevent the destruction of relevant evidence for Apple’s use in this litigation. This is known as the ‘spoliation of evidence,’”. Apple can now tell the jury to presume that the deleted emails were relevant and contained information that would have benefited Apple. Here is the summary and introduction from the judge’s decision:
In this patent infringement suit, Plaintiff Apple Inc. (“Apple”) seeks an adverse inference jury instruction against Defendants Samsung Electronics Co., LTD. (“SEC”), Samsung Electronics America, Inc. (“SEA”), and Samsung Telecommunications America, LLC (“STA”) (collectively “Samsung”). Samsung opposes. At issue is whether Samsung took adequate steps to avoid spoliation after it should have reasonably anticipated this lawsuit and elected not to disable the “auto-delete” function of its homegrown “mySingle” email system.
Because the answer to this question is no, the court GRANTS-IN-PART Apple’s motion for an adverse inference jury instruction.