Apple has convinced a federal judge to let jurors hear about document destruction by Samsung in their patent infringement trial that is scheduled to begin on July 30.
U.S. Magistrate Judge Paul S. Grewal in San Jose today agreed with Apple that jurors should be told they can draw an “adverse inference” from Samsung’s failure to avoid auto-deleting e-mail Apple later sought as evidence. The “rolling basis” Samsung used for deletions resulted in a similar ruling against the company seven years ago, he said.
“Rather than building itself an off-switch — and using it — in future litigation such as this one, Samsung appears to have adopted the alternative approach of ‘mend it don’t end it,” Grewal wrote. “Samsung’s mend, especially during the critical seven months after a reasonable party in the same circumstances would have reasonably foreseen this suit, fell short of what it needed to do.”
Apple and Samsung are accusing each other of copying each others designs and technology for mobile devices. The companies are currently fighting legal battles on four continents.
Grewal’s proposed instructions for the jury begin by saying, “Samsung has failed to prevent the destruction of relevant evidence for Apple’s use in this litigation.” It adds that Apple has proved that “the lost evidence was favorable to Apple.”
The proposed instructions conclude by stating the the jurors must determine for themselves whether the evidence destruction is a factor in their verdict.
“You may choose to find it determinative, somewhat determinative, or not at all determinative in reaching your verdict,” say the instructions.
