Earlier this month, we reported that settlement talks between Apple and Samsung over patent issues are scheduled between May 21 – 22. Today, Network World revealed that Apple has accused Samsung of destroying evidence in the patent suit. Apple has asked the judge to instruct the jury that Samsung had a duty to preserve evidence relevant to the ongoing case, yet failed to do so.
The filing states that Samsung destroyed “vast quantities of relevant evidence in blatant disregard of its duty to preserve all such evidence.” Samsung’s company policy of automatically deleting e-mails from custodian computers every two weeks, even if the company is required to keep e-mail evidence relevant to an ongoing case is the main issue here.
Apple cited an e-mail from the head of Samsung’s product strategy team, Won Pyo Hong, in which “side-by-side comparisons of Apple and Samsung products” were ordered for design presentations.
“Apple and the Court cannot possibly know how many more emails Dr. Hong sent or received that would have supported Apple’s claims that Samsung copied Apple products had they not been deleted,” the filing reads. “The same is true for many of the other Samsung witnesses who only produced a handful of emails, or none at all.”