Apple accuses Samsung of intentionally destroying ‘vast quantities’ of evidence

“On May 1, Apple filed a motion in the Northern District of California alleging that Samsung intentionally destroyed documents it was obligated to hand over as part of the discovery process, an act referred to as ‘spoilation of evidence’ in the legal parlance,” Yoni Heisler reports for Network World. “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.”

Heisler reports, “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… And in an attempt to highlight a company-wide pattern of misconduct, Apple’s motion stresses that this isn’t new territory for Samsung… As one would expect, Samsung calls the allegations baseless and promises to vigorously defend its document retention policies – which seems like a tall order given that Samsung has a bad track record in this regard.”

Read more in the full article here.

MacDailyNews Take: Nail ’em to the wall, Apple! (And then put in another order for billions of dollars worth of components from them.)

Mr. Cook, doesn’t punching the bully in the face while handing over your lunch money with a smile sound even a little bit strange to you?

40 Comments

  1. “Mr. Cook, doesn’t punching the bully in the face while handing over your lunch money with a smile sound even a little bit strange to you?”

    Oh, schnaaap!

    Bravo, MDN, for calling Apple out on their highly hypocritical and rather nonsensical situation!

    1. Think Apple should not buy from Samsung? I suspect that if we were to think this through we would find that Apple may have the thought in mind that Samsung would turn their excess capacity into more iPhone and iPad knock offs. Apple is using such a hugh amount of electronics produced in the market place that the Android makers are struggling to find parts.

    2. I’m getting tired of MDN’s growing anti-Tim Cook sentiments here. Can we please assume that he and Apple’s leadership team know what they’re doing?

      1. We don’t give a fsck what makes you tired. MDN has a valid point and kudos to them for plainly stating it.

        As a shareholder, I want that question asked of Cook and I want it answered to my satisfaction.

        Tim Cook is not God. He’s not even Jobs.

        1. Says the communist answer, just like a bozo to take a stand and add speak for everyone.

          You answer for no one but yourself!

          Now go back to the mirror and keep admiring yourself you overzelious jackass.

        2. @ “MDN Readership”

          Anyone who feels the need to act as if they speak for more than just themselves is very likely compensating for the fact that they don’t otherwise have much support for their statements.

          If you respect Steve Jobs so much, perhaps you ought to have a bit more respect for the person Jobs trusted to take care of his company multiple times while he was away?

    3. T C H. I can clearly see from your comment and MDN’s that neither of you are understanding of how business works in todays international world.

      Apple is moving away from Samsung, where it can and how it can. Lets iCal this and come back to in in two years. We might just have a very different situation. I think we will.

      Just a thought,
      en

      1. Speaking reason on this forum is heresy, eldernorm! Therefore, I must agree with you…

        Apple has been working to diversify its supplier base for years. But Samsung is a major manufacturer and Apple cannot always find substitute parts, especially in the quantities needed. Given the choice, I have no doubt that Samsung gets a smaller proportion of the available supplier action, whenever possible. But if Apple needs the components and Samsung has them, then that is where Apple will go. It is called business.

  2. It’s more like telling on the bully to the teacher while still paying him to carry your heavy bag.

    But analogies aside, Apple has little choice when it comes to sourcing the kind of cutting edge components they need.
    They have diversified flash memory by including Toshiba and LCD panels by including LG and Sharp.

    SoC manufacturing is much harder to diversify or move and the potentials (TSMC and GloFo) have had lots of trouble with 32nm and 28nm yields.

  3. Maybe Apple does not want cash from Samsung. Maybe they can call it even by just having Samsung give Apple part of Samsung’s company. Maybe the screen manufacturing department? Kill the phone & tablet and get a screen manufacturing facility. Ok, I like that deal!

  4. Hey MDN,

    I feel your pain. However, I think Apple probably doesn’t have a viable alternative. They are probably working on it. It would be imprudent if they harm their business and erode their margin just because they don’t like Samsung.

  5. My uninformed guess is that . . . If Apple were to take contracts away from Samsung at this point, Samsung woul claim that Apple was putting undue pressure on them to settle the case. If Apple wins this case, Samsung would lose both it’s tablet sales and it’s Apple contracts.

    1. Sure doesn’t seme like it, does it?

      Tim Cook, operations genius, has maneuvered Apple into a box, beholden to Samsung who shamelessly rips Apple off every chance they can get.

      God know what Samsung’s stealing from Apple right now as they Xerox Apple’s processor and display blueprints.

      As a shareholder, I’m incensed and surprised that many other shareholders seem so blasé about this incredibly stupid situation.

      1. So then …as someone with a viable nearest in the company…. Go find Apple an alternative manufacturer that meets all of its needs right now. Manufacturing on the type of scale Apple needs is a slow moving beast, very easy to do wrong in the heat of the moment….

        Go find, or even better, go build Apple a viable alternative then you have a right to bitch…. Until then…..

      2. Mr Hypocrite, are you really as dumb as the rock you so clearly live under?
        Please enlighten us with the names of the component companies that can supply Apply with what it needs to produce the huge numbers of devices that are in demand.
        Come on, enquiring minds want to know…

        1. How many years and how many Samsung knockoffs does Cook need in order to finally get Apple out from under Samsung’s thumb where he, above all others, is responsible for putting Apple in the first place?

          This slavish copying by Samsung did not start yesterday:
          Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs – April 1, 2008

          Four years and counting, Mr. Cook.

          The fact is that Tim Cook, operations genius, is derelict in his duty to making sure Apple is beholden to no one, least of all a slavish copier like Samsung.

          1. Yes, clearly it’s solely Tim Cook’s fault that Apple continues to rely on Samsung for four years and counting.

            Oh wait. How much of that four year timespan was Steve Jobs the CEO of Apple? Oops.

            But hey, it makes so much more sense to be an angry blockhead knee-jerk investor, and join MDN in solely blaming Tim Cook for this for no logical reason. If Apple ever goes down the tubes, it will be because of investors like you.

      3. So here is the same poster that speaks for everyone but with a different header name, how’s that going for you. AKA: MDN REDERSHIP.

        Your hate for Tim Cook runs so deep you really should get help.

        More likely by the constant postings and same sentence structure you just are a Troll.

        Boasting that you the almighty are an Apple Shareholder is suppose to add what? Just give it up, you have shown your intent.

  6. MDN and others with a fundamental lack of understanding of the supply chain. IF Apple had the ability to gets its components manufactured at the same spec, same quality, and nearly the same cost and in the quantities it’s hugely successful product lines required, do you really think they would not be doing this? The problem is, and Samsung is fully aware, Apple even with all their resources is still struggling to source all of the components they need. I have no doubt Apple is working as quickly and diligently to rectify this situation, but in the interim they must keep their enemies closer. Apple will make Samsung pay one way and likely another, but it is not something that can be done overnight without serious product disruptions. Think a little bit bigger.

    1. Thank you. You saved me from having to say this once again.

      I guess folks would like for Apple to simply stop shipping products until they can get their components elsewhere? I’m amazed every time someone acts as if Cook could just cut off Samsung tomorrow.

    2. How many years and how many Samsung knockoffs does Cook need in order to finally get Apple out from under Samsung’s thumb where he, above all others, is responsible for putting Apple in the first place?

      This Samsung shit didn’t start yesterday:
      Samsung’s ‘Instinct’ is obviously to make Apple iPhone knockoffs – April 1, 2008

      Four years and counting, Mr. Cook.

      The fact is that Tim Cook, operations genius, is derelict in his duty to making sure Apple is beholden to no one, least of all a slavish copier like Samsung.

  7. How exactly does something like this get proven? The burden is on Apple to prove this assertion and if the evidence has been destroyed how can it be proven?

    This seems a lot more difficult to prove legally than obvious patent violations, and even those are causing heaps of trouble.

    1. The article gave one example. An e-mail was mentioned in a 2011 investigation by the KFTC, that was appropriate to this case but was not turned over to Apple.

  8. unfortunate truth is that dishonorable or even bad and ‘evil’ people and organisations can sometimes be very efficient and competent…

    .. you know like the SS Panzer Divisions or Genghiz Khan’s Mongols.

    (puhing that analogy the Ottomans who had the biggest richest empire in the Med for hundreds of years used steppe horse archers as mercs but never trusted them fully, balancing them out with janissaries … 🙂 )

    apple has been trying to diversify with Toshiba, Sharp, LG etc but for the volume that apple needs is making it difficult so far.

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