July 26, 2012- Only five days prior to the start of the trial between Samsung and Apple over a number of patents and design infringements, Samsung was accused of not avoiding auto-deleting evidence in emails.
It appears that Apple was seeking evidence, which would have been in email archives at Samsung, had the South Korea-based company used a rolling basis method for deleting documents that were old. A U.S. Magistrate agreed with the request from Apple that jurors should know that adverse inference could be drawn from the failure of Samsung to avoid the deleting of the files that were in question.
Both Samsung and Apple are two of the world’s largest device manufacturers in the $220 billion mobile industry. Therefore, even the minutest of details will get a full analyzing in the case. The judge’s instructions given to the jury seems to say there were documents that Apple insisted existed and Samsung did have them deleted automatically instead of saving them.
The magistrate told the jury that Samsung had failed to stop relevant evidence from being destroyed for Apple’s use in the current litigation. He said the lost evidence had been favorable to Apple and that the jury could choose to find that determinative, partially determinative or not determinative at all when reaching a verdict.
The case starts on Monday July 30.