“Apple wants the jury hearing the patent case involving Samsung to learn that two federal courts have found Samsung has a history of destroying evidence,” Greg Sandoval reports for CNET.

“Apple said in court documents filed yesterday that not only did Samsung continue deleting e-mails involving this case even though it was required to preserve the data, but also, in 2004, a district court in New Jersey “issued adverse inference instructions against Samsung because it never flipped the ‘off switch’ on its…automatic computer e-mail policy [that] allowed e-mails to be deleted,” Sandoval reports. “The Korea-based electronics manufacturer argues that the magistrate judge, who decided the jury could hear about Samsung’s spoliation of evidence, erred in his decision and that the information should be kept from the jury.”

Sandoval reports, “Apple countered in its own motion that Samsung has no legal footing and asked Lucy Koh, the federal court judge hearing the patent case, to overrule Samsung’s request.”

Read more in the full article here.

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