With the legal feud between Apple and Samsung irking judges, Apple recently, filed a new motion in the Northern District of California. The motion was filed on 1 May 2011.
The new motion claimed that according to a legal jargon, Samsung ruined documents it needed to submit for the discovery process in a “spoliation of evidence.” NetworkWorld elaborated:
In effect, Apple wants the Judge to instruct the jury as follows:
1. Samsung had a duty to preserve relevant evidence, failed to do so, and acted in bad faith in failing to meet its legal duty.
2. The jury may infer that documents Samsung failed to produce would have been advantageous to Apple’s position.
3. If the jury finds Samsung liable for infringement, they may presume that the infringement was ”intentional, willful, without regard to Apple’s rights.”
Apple’s motion doesn’t pull any punches, accusing Samsung of spoilating ”vast quantities of relevant evidence in blatant disregard of its duty to preserve all such evidence.” Consequently, Apple writes that strong adverse inference instructions are required.
A hearing on Apple’s motion is scheduled for 7 June 2012, with Samsung’s reply brief due by 15 May 2012. However, Samsung has said that the claims are without merit, and it wants the due date extended to 29 May 2012. It is also seeking to have the matter’s hearing pushed to 10 July 2012. However, Apple wasted no time and quickly filed a reply on 7 May 2012 that asked Samsung’s motion to be denied.
Source: 9TO5 Mac