Samsung copies Apple in court with ‘me too’ motion over email safeguards

“Two days after Apple won an adverse inference jury instruction concerning Samsung’s spoliation of evidence (deleted emails), Samsung brought a motion asking for the same type of sanction against Apple, referring to a statement in Magistrate Judge Grewal’s order that Samsung had been free all along to allege that Apple also failed to take the necessary measures to safeguard relevant emails,” Florian Mueller reports for FOSS Patents.

“The fight over adverse inference jury instructions is very important,” Mueller explains. “Based on the status quo, the jury would be told that Samsung was found to have spoliated evidence, and even though the jury would be free to draw its conclusions, Samsung would face a steep challenge especially in connection with the question of willful infringement.”

Mueller writes, “After Samsung brought its own motion for the same kind of sanction against Apple, it has increasingly been relying on an equal treatment kind of argument: the court should either grant adverse inference instructions against both parties, or against neither party. When I saw Samsung’s motion for an adverse inference jury instruction against Apple, I called it, in the headline as well as the body of my blog post, a ‘me too’ motion. In today’s filing, Apple’s lawyers used the same term (twice). No, they didn’t have to be inspired by me to come up with this term: it was the most obvious choice.”

Read more in the full article here.

MacDailyNews Take: It’s like a disease; even Samsung’s lawyers are copying Apple now.

Apple’s products came first, then Samsung’s:

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  1. How to you defend you case when you have copied a production and have not paid the royalties? Copy them in every step… even if they sue you, sue them back. If they point at you point back at them… The problem is the $amsuck being good at copying but the law that we think protects anything is just not useful.
    $amsuck will fail in time. I think the best thing that is happening here is that Android is going to hit an end to the road of copying. Nothing against Android but as a general consumer I like competition and now Android needs to be really competitive instead of just a copy machine.

      1. well, that’s a few years away. First we need to see androids function without double tab to zoom, pinch to zoom, slide to unlock, rubber banding, and… Most of all- not look like exact iPhone clones.

    1. Noooo, MS is better. They learned their lesson the first time they cheated Steve Jobs and are now actually innovating things! Believe it or not, I think the days of Microsoft copying Apple are behind us! Still, monkey boy Ballmer is driving the company into the ground by trying to get ahead of Apple, so I expect these recent innovations aren’t going to mean much.

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