So after various common discussions and trials, Judge Koh overruled Magistrate Judge Paul Singh Grewal that the jury will be instructed that both Apple and Samsung destroyed relevant email evidence prior to the trial.
According to FOSS Patents’ Florian Mueller, this gives Samsung the chance to get a “verdict it can live with.” This is what the jury will hear from the court about Samsung:
Samsung Electronics Company has failed to preserve evidence for Apple’s use in this litigation after Samsung Electronics Company’s duty to preserve arose. Whether this fact is important to you in reaching a verdict in this case is for you to decide.
And this is what the jury will hear from the court about Apple:
Apple has failed to preserve evidence for Samsung’s use in this litigation after Apple’s duty to preserve arose. Whether this fact is important to you in reaching a verdict in this case is for you to decide.
In layman’s terms, this would mean that the court will be telling the jury the same thing about both companies and that the jury will not consider Samsung less trustworthy than Apple.
