As we all know, Samsung and Apple have been head to head in a very heated battle combating on who copied whose patents and designs. No settlement has been reached yet, thus a final verdict is currently in the making. A while back in the court, facts were popping up that Samsung had deleted emails that would of been some very good evidence for the case. One such email supposedly was from Google telling Samsung to make their designs much different from Apples designs. That is not to say that they have been copying Apple, but I think Google just does not want this to be happening again any time soon. Thus the easiest way to avoid that is to just take a completely different look at design.
The other day, in quite the turn of events, Samsung was able to score a semi-huge victory on Apple as Judge Koh made a very surprisingly reversal to the prior ruling that was put in place by Magistrate Judge Paul S. Grewal. Judge Grewal had originally decreed that the jury would be told that Samsung had failed to retain evidence as part of the jury instruction. That ruling of course, upset Samsung and would upset any other company as well. The ruling upset Samsung because first, the date that Samsung Electronics was accused of deleting their emails (that could potentially be helpful to the case) was long before the lawsuit was even filed. Secondly, during that time Apple had neither ordered its employees to start saving any of their emails either and since Apple was the one who filed the lawsuit against Samsung, Samsung reasoned that they should be equally as responsible for saving various emails from the same start date since they had known that the lawsuit coming up. Yeah, I think both Apple followers and Samsung followers will be saying “ouch” to that one. This could of been huge evidence in the case and with both companies deleting their emails, this wasn’t good on neither companies part.
Surprisingly, Judge Koh agreed with Samsung’s request and changed the wording of Judge Grewal’s previous decree. They jury will not be able to see that both sides had failed to preserve internal emails as soon as they should have. This is a great ruling for Samsung as this will prevent the jury from being prejudiced about Samsung’s honesty. That said, they will probably be looking at both companies with little honesty due to it being common knowledge that you should always preserve your emails. Whether it was an accident or not, the ruling now states that both companies failed to preserver this sensitive data and thus are both at fault in this area. This was something that could of seriously been a heavy weight on the jury of “regular people, (as opposed to corporate people) who are trying to make the ultimate decision about this messy technical mess surrounding the hundreds of software and design patents Samsung and Apple own.
The jury should be hearing their final instructions fairly soon so that this court case can get under wraps and the Motorola vs Apple case can begin (I will literally cheer if Google, HTC and HP jump in on this one). From the sounds of it so far, both Apple and Samsung may be at fault for violating patents, but I think Apple is more at fault than anyone. Samsung has been around long before Apple and has made a name for itself many times in the technology industry, therefore I think that it is only right that Apple is accused and not Samsung.
I love Apple products. They are cool, the retina displays are fantastic and really they are well designed. But, at the same time, I know Apple products stink due to how outdated their hardware is getting compared to what Android hardware is reaching to. Thus I do not own an Apple product of any kind. Secondly, I have heard some serious horror stories when it comes to Apple’s customer service. Lastly, I have lost a lot of respect for that company after this Apple vs Samsung case due to how terrible they are treating their competitor. I think I agree with Judge Koh when she accused the attacker of “smoking crack.”
That said, I want Samsung to destroy Apple in this case. But, this ruling by Judge Koh does not mean that Samsung will be winning the case (nor lose for that matter). But, what it does mean is that when the jury begins their deliberations, Samsung is going to be starting on an even footing with Apple due to them both being accused of deleting emails that would of been essential to this case. There is no doubt that Apple fought the Judge’s new ruling, but due to the nature of the ruling, it is very likely that it will stand proud and will not be brought down by Apple. Apple has no excuse as to why they were deleting emails (Samsung has a bit of an excuse, but its still kinda sketchy, imo).
That all said, I can’t wait to see how the rest of this all turns out. It’s been quite an epic battle indeed. I’m wondering if Judge Koh will just make Samsung pay $1 if they were to be at fault due to how stupid this supposed patent violation is. Not to mention that if the jury actually has some logical sense (unlike a lot of people these days) they’ll see a stark difference between both Apple and Samsung products that Samsung could potentially just win the case all together. Boy, that would make Apple mad and could even potentially have an affect on the upcoming Motorola vs Apple case due to the court having the lost case against Samsung on file.
We’ll just see how it all ends up playing out, I seriously hope Samsung wins and that when they win, it will encourage Apple to start making a better product than picking on other peoples.
Let us know your thoughts in the comments below!