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."