FOSS Patents reports that late yesterday, Judge Lucy Koh overruled a decision by Magistrate Judge Paul S. to only provide an adverse inference jury instruction against Samsung. Now, instead of the jury only hearing that Samsung failed to preserve evidence, it will also hear the same statement about Apple.
Samsung claimed “that Apple’s duty to preserve email must have arisen no later than Samsung’s duty.”Samsung pointed out that Apple neglected to provide e-mails from former CEO Steve Jobs that mentioned the patent trial from 2010 until his resignation and death in 2011. That was apparently enough to convince the judge.Below is the instruction the court plans on giving the jury before deliberations on Wednesday unless Apple can get Koh to change her decision in a hearing today
Here’s what the court intends to say about Samsung (although, this could change after any objections and a Monday hearing):
“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.”
And 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.”
If Judge Koh had upheld Magistrate Judge Grewal’s decisions, the deleted emails issue would’ve been a point scored for Apple’s side. However, it seems now the instructions could simply cancel each other out. Of course, it remains to be seen how the instructions will affect the jurors deliberations.
