In an ongoing legal fray, Apple dealt another blow to Samsung, its key supplier of NAND flash chips, displays and processors for iPhones and iPads.
The iPhone maker has accused the international conglomerate of purposefully destroying documents that would have been advantageous to Apple’s position.
Apple now wants the judge to instruct the jury as follows…
Network World reports:
In effect, Apple wants the Judge to instruct the jury as follows:
1. Samsung had a duty to preserve relevant evidence, failed to do so, and acted in bad faith in failing to meet its legal duty.
2. The jury may infer that documents Samsung failed to produce would have been advantageous to Apple’s position.
3. If the jury finds Samsung liable for infringement, they may presume that the infringement was “intentional, willful, without regard to Apple’s rights.”
Specifically, Apple in a motion filed in the Northern District of California claimed Samsung intentionally destroyed documents it was obligated to hand over, calling it “spoilation of evidence” on a grand scale.
Apparently, this hasn’t been the first time that Samsung destroyed evidence as Apple stressed that the company was previously sanctioned in another case for similar behavior, according to Apple’s lawyers.
Both parties will present their arguments pertaining to Apple’s motion on June 7 (Apple) and May 15 (Samsung).
Thoughts?