Samsung in the Hot Seat for Destroying Evidence in Patent Case Against Apple
August 23, 2012
Jamie Condliffe of the GIZMODO blog recently reported on the latest in an ongoing patent infringement case in the article “Judge Sanctions Samsung for Destroying Evidence in Apple Case.”
According to the story, this is not the first time that Samsung has been in the hot seat. Despite the fact that Samsung is accusing Apple of deriving the original design for the iPhone from Sony, the companies accusations may not stand in court because it has a history of discovery abuses and has already been sanctioned four times. In this case, for destroying evidence which makes up part of the case it is fighting against.
Condliffe writes:
“On Wednesday, Magistrate Judge Paul Grewal explained that Sammy had ‘failed to prevent the destruction of relevant evidence’ in the form of company emails, and went on to suggest the company could have done more to preserve them.
As Apple no doubt sat gleefully rubbing its hands in excitement, Samsung was forced to explain its company policy of deleting all company email after just two weeks. But the judge pointed out that Samsung continued to delete emails even after it knew about the litigation—so it should have taken steps to change the policy.”
It looks like Samsung is going to have to come up with a pretty crafty plan to get out of this one.
Jasmine Ashton, August 23, 2012
Sponsored by ArnoldIT.com, developer of Augmentext
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One Response to “Samsung in the Hot Seat for Destroying Evidence in Patent Case Against Apple”
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I find it amazing that companies still think they can get away with deleting email. Do you suppose they also delete their Exchange server backups after two weeks? If not, this is discoverable too, and as such the judge can make them go back to every backup tape within the scope of the contest! It is just so easy to be prepared, but so many pay the price when they are not.