Samsung did score a minor victory during the day, however, when it came to the question of “adverse inference.” Back in July, Magistrate Judge Paul Grewal ruled that the jury in the trial should be told that Samsung had improperly handled evidence. Judge Koh, while agreeing with Judge Grewal’s order, also felt that Apple hadn’t been as rigorous as it could have been in preserving evidence on its side, either. (Apple had been successful in establishing August 10, 2010 as the starting date for the conflict between the two companies, but internally Apple hadn’t warned employees that litigation was a possibility — and that they should preserve all documentation — until the following year.)
While Judge Koh declined to decide upon the issue when it was first brought up, at the end of the day Apple attorney Michael Jacobs asked Koh for “guidance” on her final decision. She told him that she was prepared to tell the jury that both sides had shown neglect. Apple and Samsung agreed that if some
(Curated by Dennis Moore. Read the complete article here)
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