Samsung destroyed evidence twice, Apple wants to tell the jury

Samsung destroyed evidence twice, Apple wants to tell the jury
Court is not a place where your secrets stay hidden. Any skeletons in your closet are revealed for the jury, and perhaps the rest of the world, to see. Take Samsung. The Korean based company has a little secret that it would rather the jury didn't hear about.And guess who wants to blab about it all over the courtroom? Apple on Tuesday filed a motion with the court in an attempt to overrule Samsung's objection about allowing the jury to learn about the Korean manufacturer's erasure of emails that were supposed to be held as evidence. That little secret we alluded to? This wasn't the first time that Samsung had erased emails that were supposed to be court evidence.

While Samsung did delete email that it was ordered to hold as evidence for the current trial, the same thing occurred in 2004 in a district court in New Jersey. In that case, the court issued "adverse inference instructions" against Samsung because it did not prevent its email deletion policy from removing emails that were supposed to be saved as evidence.

Samsung has argued that the Magistrate Judge who ruled that the jury could hear about the Korean based firm's penchant for deleting evidence ruled incorrectly and that the jury should not be allowed to hear about this evidence spoilation in court. Apple says that Samsung has no legal footing in the matter and has asked Judge Lucy Koh to overrule Samsung's request.

For its part, Apple says that destruction of the emails might have destroyed evidence that might have been important to Apple's case. The Magistrate Judge, Paul Grewal, agreed that Samsung wronged Apple when it "continued throughout this case automatically to delete e-mails." Apple even gave an example of how the deleted emails can hurt them. Apple claims that Lee Min-hyuk, the principal designer of the Samsung Galaxy S that Apple says copied the iPhone, will testify but none of his emails were produced from his files by Samsung. Apple states that such email once existed because Samsung produced 75 of them after Lee received a notice to retain all documents, and because other custodians of the email kept them.

source: CNET

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52 Comments

53. viper1983

Posts: 36; Member since: Aug 03, 2012

Samsung sheep may not like how this trial turns out

45. fraydoe

Posts: 57; Member since: Dec 27, 2011

omfg, seriously now its a little annoying, theyre like some little kids, the judge should just dismiss the case with a big STFU and DEAL WITH IT

52. InspectorGadget80 unregistered

Apple cries more time than samsung.

42. gesick

Posts: 1; Member since: Aug 02, 2012

LOL,. there's nothing left original in this world,... all just innovations,... and if your product is great there is nothing to worry about,.... even they copy it,... just create a new one that will stand-out the rest,... ----anyway they just want our money----

41. Shino

Posts: 196; Member since: Jul 23, 2012

Bhaaa, Samsung - yellow pants! Gotcha! :))) Cheeky little b'staaads! :))) Show the judge ''the other hand''! :)

38. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Well, if Apple wants to bring something not related to the case on hand, Samsung should be allowed to do the same. It's not like there aren't skeletons in Apple's closet. With Judge Lucy Koh presiding over the bench though, I doubt they are given the reciprocation. Koh's gotta go. She's either blatantly for Apple or just totally inept. Samsung's well on their way to botching their own case, we don't need the judge ushering it along.

39. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Because of Koh's Korean descent, I believe what she is doing is trying to show that she isn't going to favor Samsung because of her heritage, but in the end that is still a travesty of justice when a judge is partial to one side over another in the blatant manner she has shown. Then to, there's also her husband's business ties. That should have been deemed a conflict of interest from the start. At best this should be declared a mistrial, at worst Lucy should be removed from the bench.

51. InspectorGadget80 unregistered

We dont need a company like apple to pay their way out of the court room

36. Seannyc

Posts: 59; Member since: Jul 21, 2012

Don't trust those krazy koreans! Look at KIm Jong Ill! samsung is deffianately not making the right moves! jk jk im asian I can say it you cant ;)

50. InspectorGadget80 unregistered

U know judge koh is asian right? And samsung is south korea not north. Do a little history before you comment bout a company origin.

35. taco50

Posts: 5506; Member since: Oct 08, 2009

Android fans do you think Samsung is killing their own case by repeatedly not following judges orders?

37. roscuthiii

Posts: 2383; Member since: Jul 18, 2010

Oh yeah, Samsung is definitely fumbling the ball.

34. quakan

Posts: 1419; Member since: Mar 02, 2011

Nothing is deleted on the Internet. That email can still be archived somehow.

24. stevetruman

Posts: 19; Member since: Jul 27, 2012

way to go, samsung..!!! destroy yourself and let the case goes on and on.. and probly do the best to file bankrupty..!!!hahhahaha.. waiting for the day to happen..!!!!

27. tedkord

Posts: 17536; Member since: Jun 17, 2009

You'll be long dead and gone before that day comes.

17. steelcityball2k5

Posts: 1; Member since: Aug 01, 2012

I just don't understand why apple is wasting millions and millions of dollars trying to run Samsung into the ground... Why not take those funds and invest them into jumping ahead of the curve instead of just catching up every November.

18. -box-

Posts: 3991; Member since: Jan 04, 2012

Not even catching up, just staying a step ahead of obsolescence

16. onilink67

Posts: 8; Member since: Jun 18, 2012

Many companies have this policy but I've never heard of something as extreme as 20 days like Samsung has. I however find it hard to believe that someone at the level of a Principle Engineer didn't backup his emails to PST files or Islands I believe they are called in the lotus notes world. Most of these blame should be on this particular engineer as anyone in engineering would know have everything in writing because when bullets start flying later on they are your ammo.

13. Jay_F

Posts: 236; Member since: Nov 29, 2011

It wouldn't have been deleted unless they have something to hide... Automatic deletion or not, they should have known, and there's in all likelihood some type of checklist companies go through with impending lawsuits that instructs them on the proper actions they should take to at least maintain their integrity.

12. tedkord

Posts: 17536; Member since: Jun 17, 2009

The older instance has no bearing on this case, but if emails were destroyed for this case, I see no reason they shouldn't be revealed to the jury. Samsung should explain what happened. At the same time, Apple's former designer Shin should be compelled to testify, since he was directly involved in Apple using Sony designs to come up with iPhone ideas. The whole sudden retirement, he's too sick to testify but not too sick to run marathons crap shouldn't fly. And since Apple brought up the F700, Samsung should be allowed to enter it into evidence.

11. Joshing4fun

Posts: 1258; Member since: Aug 13, 2010

Ugh, why does anyone even care. There arguing about a 3 year old device which isn't even on the market anymore. Just throw this whole case out and let's get on with our lives.

10. Osman

Posts: 44; Member since: May 07, 2012

Apple just got trolled(Again) by the Samsung (^.^) :|

9. phljcnth

Posts: 567; Member since: Apr 30, 2012

Oops! I deleted it accidentally on purpose!

23. E.N.

Posts: 2610; Member since: Jan 25, 2009

Lol, exactly

7. pikapowerize

Posts: 1869; Member since: May 03, 2012

ohh boyyyy... its the end!!!!

6. SonyFTW2020

Posts: 311; Member since: May 03, 2012

LOL........

5. sprockkets

Posts: 1612; Member since: Jan 16, 2012

How do these lawyers sleep at night? Besides being near their pile of money they make, seeing that ars said they bill around $850 an hour?

21. Techvue

Posts: 14; Member since: Jul 25, 2012

Wonder how the judge sleeps at night. She is really terrible.

3. guest

Posts: 372; Member since: Jun 13, 2012

This is rich coming from the company that forced a key witness to "retire" one month before the trial began. Come on really? If the judge is going to allow this they should also let the jury know about the Apple employee that suddenly retired. Samsung's employee is going to testify Apple's employee won't even be in the courtroom.

4. remixfa

Posts: 14605; Member since: Dec 19, 2008

also from the same company that fights the use of ITS OWN DESIGNS aka, the Sony rip off designs, in the case.

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