If the long-running courtroom battle between Apple and Samsung were a football game, the South Korean company would have received today a favorable call from the ref. U.S. District Judge Lucy Koh will tell jurors later this week that both companies destroyed emails, overturning a previous ruling inferring Samsung was solely to blame.

In instructions to be given the jury set to begin deliberations Wednesday, Koh will give identical instructions regarding company emails destroyed:

Both companies “failed to preserve evidence” that could be used in the litigation, Koh will say. “Whether this fact is important to you in reaching a verdict in this case is for you to decide.”

Samsung had unsuccessfully argued to Magistrate Judge Paul S. Grewal that Apple likely destroyed emails no later than the South Korean company. Koh’s ruling provides the even-footing with jurors that Samsung had wanted. For patent expert Florian Mueller, writing at FOSS Patents, the judge “missed an opportunity to show strength and treat companies differently if the facts warrant it.”

While the judge’s decision appears to give Samsung a slight edge, the ruling could provide Apple with cause to appeal the eventual ruling, should it go against the Cupertino, Calif. iPhone maker.

  • Kok Hean

    SSSStop it!

    • No more Obama

      a few more days bud.

  • notewar

    New Journalist? Welcome –
    Ed Sutherland

  • How do the facts warrant treating them differently? They both destroyed evidence, therefor it needs to be said. You can’t blame one company when they both did it.

    • treating them differently would imply some sort of bias and that is exactly what a judge is NOT supposed to do.

      • Which was my point. I don’t see how the so-called “patent expert” says it’s okay to show bias towards one company when they both destroyed documents. Clearly he’s no expert.

  • I have a feeling neither company is going to come out of this the way they wanted. Which is funny to me. Bunch of bullys trying to bully each other around. I think the judge was the perfect choice for this case. Put everyone back in their places, possibly deterring future lawsuits like this from other companies. She’s my new idol.