United States District Court for the Northern District of California Stories May 11, 2012

Apple to judge: Samsung intentionally ‘spoiled’ documents

Apple filed a motion in the Northern District of California on May 1 that claimed Samsung ruined documents it needed to submit for the discovery process in a “spoilation of evidence,” according to the legal jargon that described the act. 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 June 7, with Samsung’s reply brief due by May 15. However, Samsung said the claims are without merit, and it wants the due date extended to May 29. It is also seeking to have the matter’s hearing pushed to July 10, 2012, but Apple wasted no time and quickly filed a reply on May 7 that asked Samsung’s motion to be denied.

United States District Court for the Northern District of California Stories February 11, 2012

The war between Samsung and Apple continues as Apple requests a United States Preliminary Injunction on Samsung’s Galaxy Nexus. The request was filed in a U.S. District Court for the Northern District of California on Thursday, and the documents were released Friday. FOSS Patents discovered that Apple is basing its request for an injunction on four recently granted patents:

  1. The “data tapping” patent that the ITC ordered an import ban against HTC.
  2. A patent related to Siri and unified search that must be a huge concern to Google with a view to its core business.
  3. A new slide-to-unlock patent that even had the head of the Taiwanese government profoundly worried.
  4. A word completion patent that provides major speed improvements for touchscreen text entry.

The second patent (seen above) concerns Apple’s Siri technology. Google has similar a voice technology, and Apple wants to slash the accurate but not as robust feature out of the picture. The third slide-to-unlock patent is something that Apple has been after for a while, based on earlier patents. Apple also recently sued Samsung in a separate lawsuit over the fourth autocorrect patent.

Will the injunction be granted? Probably not, but it is interesting to see Apple keep trying. A judge will make a ruling in the coming months.

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