While we wait for the outcome of today’s purported talk between Apple CEO Tim Cook and Samsung’s Kwon Oh Hyun, we are also hearing an update that could increase the South Korean behemoth’s chances of getting a verdict that it can live with. According to FOSS Patents, presiding Judge Lucy Koh has just overruled Magistrate Judge Paul Grewal’s previous ruling that Samsung be given an adverse inference jury instruction for deleting emails as vital evidence to the case. Judge Koh has reportedly applied the adverse inference instruction to both dueling parties. In layman’s terms, this would mean that the court will be telling the jury the same thing about both companies and that the jury will not consider Samsung less trustworthy than Apple.
Here’s what the court intends to say about Samsung:
Samsung Electronics Company has failed to preserve evidence for Apple’s use in this litigation after Samsung Electronics Company’s duty to preserve arose. Whether this fact is important to you in reaching a verdict in this case is for you to decide.
And the same thing about Apple:
Apple has failed to preserve evidence for Samsung’s use in this litigation after Apple’s duty to preserve arose. Whether this fact is important to you in reaching a verdict in this case is for you to decide.