We recently learned earlier today that Apple’s Tim Cook and Samsung’s Kwon On Hyun would be speaking over the phone attempting to resolve any ongoing patent disputes. Upon the phone call, each companies lawyers will alert Judge Lucy Koh of the results. The rest of the unresolved disputes will be decided by the jury.
But more intriguing, the Judge is still taking in more information to discuss with the jury. This time it was found that Samsung wasn’t the only company destroying evidence, Apple had completed the same task.
Florian Mueller of FOSS Patents notes Apple will also be ruled an adverse interference instruction along with Samsung. Here is what the jury will hear 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.
A similar statement will be told to the jury about Apple:
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 for the evidence deletion, both companies are equal. Until today we were only aware of Samsung removing evidence. Whether that would’ve played a large part in the decision will be left untold.
Mueller still believes Apple has the better case:
Apple is still in a very good position to win this case. But it would have been even easier for Apple to prevail if Judge Koh had upheld Magistrate Judge Grewal’s decisions. The issue of deleted emails would have helped Apple particularly in connection with the question of willful infringement.
Will this evidence come back to play a role in the final decision process? Give us your thoughts.