Samsung scores major victory regarding jury instructions

Samsung scores major victory regarding jury instructions
We still are at least two days away from a final verdict in the epic Apple v. Samsung patent lawsuit (assuming they don’t reach a last minute agreement today) but Samsung scored a major victory this morning, as Judge Koh made a striking reversal to a prior ruling by Magistrate Judge Paul S. Grewal, who had decreed that the jury would be told that Samsung had failed to retain evidence as part of the jury instructions.

Samsung was upset by this ruling, in part because the date at which they were accused of not saving all of their emails was well before the lawsuit was filed, but mostly because Apple had not ordered its employees to start saving their emails at that point either – and since Apple was the one who brought the initial lawsuit, Samsung reasoned that they had to be at least as aware that a lawsuit was coming, and therefore equally responsible for saving messages that could be evidence – something Apple also failed to do.

Judge Koh agreed with Samsung’s reasoning, and today changed the wording so that the jury will now be told that both sides failed to preserve internal emails starting as soon as they should have. The result is that the jury will not be unduly prejudiced about Samsung’s honesty, a point that could have weighed heavily on a jury of ordinary citizens trying to render a decision about the thorny technical issues surrounding software and design patents.

Of course that doesn’t mean a jury will (or won’t) find in favor of Samsung, but Samsung’s victory here means that they will start their deliberations on more even footing. Assuming Koh’s ruling survives a vigorous set of challenges from Apple’s legal team, which are probably being mounted in San Francisco right this very moment.

source: 9to5Mac



1. aikonix

Posts: 60; Member since: Apr 08, 2012

all i have to say is YAY! - go Samsung!

19. Mxyzptlk unregistered

It's more of a pity ruling than anything. Samsung is still in the wrong here based on preliminary observation. Ask yourself this why has Samsung of all manufacturers done so well in sales? Look at their Galaxy S line and tell me there isn't a lot of iPhone cues in the design and UI. That is why Apple went after them more than any other oem. Business protect their products and assets, this is nothing different.

21. dsDoan

Posts: 235; Member since: Dec 28, 2011

The Galaxy S II was the best performing Android phone of its time, with no close competition. It also had the best display of its time, with no close competition. The Galaxy S III is the follow-up to that device. Samsung has done well in sales because of its top-of-the-line performing hardware.

27. -box-

Posts: 3991; Member since: Jan 04, 2012

@dsDoan there were a few better displays, but it definitely was the most powerful and best-selling Android device at the time

22. The_Innovation

Posts: 648; Member since: Jul 18, 2012

What Apple should have done, is topped it off. Not whine and cry about it. They are the all powerful Apple with 623.52 Billion market cap aren't they? They have more patents and ideas which they can unleash on consumers. More innovations weather it's holograms or whatever else they are working on. But instead, they choose to milk the consumer year after year by adding features to their product that already exist, and getting away with it because it looks more cutter and slicker. The 6th generation iPhone will have 1GB or ram. They will rave about it like it's the next big thing during the introduction of the next iPhone. Meanwhile, the industry is on a Quad-Core 2GB ram, soon with 12-13 mp cameras.

78. CRICKETownz

Posts: 980; Member since: Oct 24, 2009

plenty of manufacturers put out phones that arent the latest tech & no one talks about it but ppl only talk about the iPhone bc it is a threat to all other smart phones out there, bottom line. android's idea of high tech isnt everyones idea of high tech. sure the bitches love iPhones but thats only one group. there's still the business world - major companies who prefer iOS performance over Android for their employees. i got an SIII which has all this stuff under its hood...but there is literally no diff in my experience with this compared to the 4S i came from. none at all. android users get in to all these irrelevant functions like overclocking & speedtests. Apple sells so well bc of ppl like me who just use the functions of the phone & are not in all that dumb shit that ppl do with their phones for bragging rights.


Posts: 4851; Member since: Apr 13, 2012

It sells due to being a designer phone. Like Prada. LV. D&G Armani And people think they look cool in European countries, they think there rich in poor, or Asian countries!!!!!!!!!!

26. tbar

Posts: 34; Member since: Jan 18, 2010

Get real. Issuing a patent for a rectangle is ludicrous. Apple has patents that shouldn't have been issued and wouldn't have by anyone with common sense. And, if anyone is stupid enough not to be able to tell the difference between an Android phone and an Apple phone, they deserve what they get. Apple hasn't innovated since the 1st iPhone. The latest phone just copied features from Android. Oh and don't call me an Android fan; i have both Android and Windows phones and have had an iPhone and iPad.

31. tedkord

Posts: 17410; Member since: Jun 17, 2009

Oh, yeah. Judge Koh is a real pitying type of person. It was granted because Apple once again feels they should be held to a different standard than anyone else. Others shouldn't copy, but it's ok for them. Others should have to save their emails, but not Apple.

32. jroc74

Posts: 6023; Member since: Dec 30, 2010

"It's more of a pity ruling than anything. Samsung is still in the wrong here based on preliminary observation." No....its called more of a fair ruling. Apple employees are supposed to get off the hook for doing essentially the same thing? I somehow knew you wouldnt see it the way the judge did....

50. remixfa

Posts: 14605; Member since: Dec 19, 2008

no.. its pitty! The indomidable judge Koh is now ... pittiful??. yea right. lol. Samsung put a bright light on a big plot hole, Koh agreed, and fixed it. Its plain and simple.

90. Mxyzptlk unregistered

Yes they are in the wrong. This wouldn't even be happening if Samsung hadn't copied them in the first place. This is why Apple has went against Samsung more than any other oem.

99. jskrenes

Posts: 209; Member since: Dec 11, 2008

Wrong. This wouldn't be happening if Apple didn't BELIEVE Samsung had infringed upon its patents. The trial is there to determine if such is the case.

35. jroc74

Posts: 6023; Member since: Dec 30, 2010

The Galaxy S line does well because its more than 1 phone in the Galaxy S line. The Fascinate didnt do well vs Motorola phones on Verizon, So much for those cues from Apple helping it with sales. The GS3 is doing better, and it looks nothing like an iPhone. UI? Icons and home screen layout isnt the entire UI. If someone gets a GS3 cuz it reminds them of an iPhone.....its an excuse with the iPhone on more US carriers now. There is no one carrier lockdown anymore. The iPhone can be had cheaper now too. At some point, Apple and the Apple fanboys are gonna have to stop finding excuses and just accept that some ppl dont like or want the iPhone.

61. Mxyzptlk unregistered

Motorola Droids aren't even good phones but they sold so well because of the advertisements from Verizon and the heavy emphasis on the QWERTY keyboard. The GS3 got a design change precisely because of the lawsuits or did you forget that?

69. Sniggly

Posts: 7305; Member since: Dec 05, 2009

"Motorola Droid aren't even good phones." By today's standard, no. By 2009's standard, it won Time's Gadget of the Year award and was very well reviewed. It also earned those good reviews.

93. Mxyzptlk unregistered

Oh give it a rest. What matters is what users thought not a bunch of titles that they pretty much give to any device.

94. Sniggly

Posts: 7305; Member since: Dec 05, 2009

And users thought it was great. I still run into original Droid users who don't want to give it up. How many people can say that about the original iPhone? Hell, how many can say that about the 3GS, even?

101. Mxyzptlk unregistered

And the original droid came out two years after the first iphone.

103. jroc74

Posts: 6023; Member since: Dec 30, 2010

Thank you. Some ppl just got rid of their Droid 1's last year, even this year. And like he said, since what matters is what users thought....that says alot.

83. jroc74

Posts: 6023; Member since: Dec 30, 2010

Right. Ask some G Nex owners that were given a RAZR or Maxx as replacements if they arent good phones... The ads do sell em, but what about when the ads stop? The RAZR and Maxx were still popular on Verizon right before the GS3 launched. I dont remember the GS3 getting a hardware design looks nothing like an iPhone.

102. Mxyzptlk unregistered

The GS3 looks drastically different to past GS models. Yes, they were popular. But you drop the price of any high end phone and it will of course remain popular.

36. Sniggly

Posts: 7305; Member since: Dec 05, 2009

Of course, anyone who's paid any attention knows that you also whined about Motorola trying to protect its business by suing Apple over its own patents. If all Samsung had going for it was superficial resemblance to the iPhone, nobody would buy their phones.

55. Mxyzptlk unregistered

How could Motorola protect something that's a FRAND patent? It wouldn't be the firs time Google abused its own monopolistic position. The resemblance to the iphone in Samsung's phones is very much there. The reason they sold so well is because people can buy them cheap on contract yet their value goes down very fast.

68. Sniggly

Posts: 7305; Member since: Dec 05, 2009

I didn't realize that the Galaxy S 3, 2, and 1 were considered "cheap" when they launched. I also didn't realize that the Galaxy Note was either. Also, and this was pointed out to you already, the latest lawsuit Motorola filed has no FRAND or standard essential patents. In other words, your comment is full of wrong and hypocrisy.


Posts: 4851; Member since: Apr 13, 2012

Sniggly it's Taco ur responding to.....!

76. Sniggly

Posts: 7305; Member since: Dec 05, 2009

If it is I would be very surprised.


Posts: 4851; Member since: Apr 13, 2012

You can't afford to keep up with Android. Cause new tech and specs come out every 6 month's.


Posts: 4851; Member since: Apr 13, 2012

Smart people won't bye overpriced midrange phone along with its totally restricted low features halfback Darwin OS. App launcher. And even if they do there all show offs.

40. Non_Sequitur

Posts: 1111; Member since: Mar 16, 2012

Ohhhhh, s**t. Samsung put a green phone on their icon. That's a major diss to Apple. I bet the reason that every Samsung phone in history ever gets sales is because of that. Looks JUST like an iPhone. Tsk, tsk. Samsung should know better. /sarcasm

* Some comments have been hidden, because they don't meet the discussions rules.

Latest Stories

This copy is for your personal, non-commercial use only. You can order presentation-ready copies for distribution to your colleagues, clients or customers at or use the Reprints & Permissions tool that appears at the bottom of each web page. Visit for samples and additional information.