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Samsung Allegedly Distroyed Evidence Favorable to Apple

Next week the tech world will quiver as Samsung and Apple clash in court. Apple has a solid case building by using its rival’s words, multiple sources report. It turns out Samsung faces credibility problems with the jury, and even Google warned the South Korean company not to copy Apple by pointing to products similar to the iPhone. Read on for more.

Apple vs. Samsung lawsuit begins on Monday
Samsung is having a hard time in its legal battle against Apple, but it can thank itself: the jury will receive an adverse interference instruction with respect to Samsung’s spoliation of evidence by failing to retain relevant messages on its corporate email server, even at a time when litigation was reasonably foreseeable. In other words, Samsung failed to comply with its own obligation to preserve relevant evidence. The jury can easily understand that we are talking about evidence that would have been favorable to Apple, which was destroyed.

Although Judge Grewal’s order didn’t give this precise instruction to the jury, it emphasizes Samsung’s credibility issues, making a hard time for its lawyers to prepare a winning case. In addition, Apple’s internal sources cited by All Things D say Apple is planning to build its case using Samsung’s own words against them. From Apple’s perspective, its sources clearly show Samsung willingly copied the iPhone and iPad and the issue was discussed behind closed doors at the Korean manufacturer.

Among the documents Apple will present next Monday in front of the court are a few highlighting Samsung’s awareness to design patent infringement, and that the company proceeded despite third-party warnings, including Google. An un-redacted version of the Cupertino company’s trial brief emphasizes Google’s role in warning Samsung: the internet giant sent warnings several times, among them in February 2010, when it informed Samsung that its P1 and P3 tablets (Galaxy Tab and Galaxy Tab 10.1) and the iPad have too many similarities. Furthermore, Samsung’s own Product Design Group noted that Galaxy S looks similar to older iPhone models.

This is just the tip of the iceberg, the source suggested. With these facts in mind, it will be interesting to see how Samsung will represent itself and how its lawyers will defend its stance. It is worth to note here, though, that Samsung does have some ammunition ready, with one killer bit of information relating to Apple’s iOS: it concerns some 2006 internal design presentations, outlining a similar mobile UI we saw when the iPhone was presented. According to some internal Apple emails, the revolutionary design was derived from Sony’s design.

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