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



1. paulyyd

Posts: 340; Member since: Jan 08, 2011

lol samsung digging its self deeper and deeper

14. E.N.

Posts: 2610; Member since: Jan 25, 2009

Samsung's incompetence alone could cost them the case.

28. taco50

Posts: 5506; Member since: Oct 08, 2009

I don't think it's incompetence. I think they're deleting evidence on purpose. Just like they're leaking information to the press they're not supposed to. Samsung is playing dirty.

33. Mxyzptlk unregistered

Samsung is trying to cover something up.

48. InspectorGadget80 unregistered

And Apple pays its way to the court to find samsung guilty

47. InspectorGadget80 unregistered

Your comment is incompetence and irrelevant

30. Mxyzptlk unregistered

I know right? Seems like Samsung is desperate at this point. All they had to do in the beginning is be original instead of copying Apple. Even Google warned them not to copy Apple.

46. good2great

Posts: 1042; Member since: Feb 22, 2012

PA needs to remove the thumb up/down feature on this site... its getting but yeah Samsung it's looking like the guilty one at this point in the case... maybe they can turn things around soon

2. Aeires unregistered

They weren't deleted, they're on sick leave in Hawaii.

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.

29. quakan

Posts: 1418; Member since: Mar 02, 2011

Apple’s “Purple” Concept For iPhone Gets Sony-Inspired Designs Thrown Out Of Patent Trial...the Purple concept is from 2005 and the Sony design is from March 2006.

43. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

Oh my God, you guys. No one copied Apple. We're talking about rectangles with buttons here. No one design even comes close to the other, I'll be the first to admit it. This is ridiculous. Unless the design is a complete rip off of another thing, then it's NOT IMPORTANT. I wish this would end so you all would STOP BITCHING.

15. E.N.

Posts: 2610; Member since: Jan 25, 2009

Deleting evidence is much worse

20. remixfa

Posts: 14605; Member since: Dec 19, 2008

how is it worse? You dont know what was said. All you can do is paint a picture about what was possibly said.. which is conjecture.. which is inadmissible. However a direct, apple drawn copy of Sony's design which is very very similar to the iphone's final appearance is VERY damning to their own evidence that they are original and deserve patent protection on rounded rectangles. I say let Apple talk about it, let Samsung explain their auto-dump security system.. but at the same time Let samsung's F-700 and "iSony" proof in as well. That would be "fair".

22. E.N.

Posts: 2610; Member since: Jan 25, 2009

Yes the fact that they deleted the evidence is pretty damn bad. You're exactly right, we have no clue what those documents said, which is why it's so bad! Didn't Apple show that they've been working on the design well before Sony's design came in. The original iPhone looks tons more like the Project Purple than it does the ugly Sony mock-up. And I think Samsung is deviating from the main point. They should be trying to prove that the Samsung Galaxy devices don't copy the iPhone. Instead they'refocusing a lot of their energy with this whole Sony deal to try to show that Apple copied Sony, thus invalidating the patent (which should be a whole different issue). Are they saying that they didn't copy the iPhone or that they did but it doesn't matter because Apple shouldn't have gotten the patent anyway since it's not theirs?

25. tedkord

Posts: 17397; Member since: Jun 17, 2009

So, what we have seen is that Apple, Sony and Samsung all had designs with rounded corner rectangle slabs before the iPhone was released. Sounds like the natural evolution of the market, not copying of a unique design...

32. taco50

Posts: 5506; Member since: Oct 08, 2009

The razr is natural evolution. Samsung is copying.

31. taco50

Posts: 5506; Member since: Oct 08, 2009

Yes Apple showed they had the design well before Sony. Fandroids could care less about facts. They're still claiming the razr outsold the iPhone on VZW even though it was proven the iPhone was #1 again.

44. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

APPLE'S DESIGN DOESN'T EVEN LOOK LIKE SONY'S. None of them look that much similar! It doesn't matter!

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.

6. SonyFTW2020

Posts: 311; Member since: May 03, 2012


7. pikapowerize

Posts: 1869; Member since: May 03, 2012

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

9. phljcnth

Posts: 556; Member since: Apr 30, 2012

Oops! I deleted it accidentally on purpose!

23. E.N.

Posts: 2610; Member since: Jan 25, 2009

Lol, exactly

10. Osman

Posts: 44; Member since: May 07, 2012

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

11. Joshing4fun

Posts: 1245; 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.

12. tedkord

Posts: 17397; 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.

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.

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