The judge in the Apple vs Samsung patent case has been throwing the book at the Korean manufacturer. They recently went under fire for failing to turn over source code pertaining to a work-around that Samsung has used to protect itself from a patent Apple holds for “overscroll-bounce”.
Samsung didn’t give that source code up in the allotted time frame and Apple asked the presiding Judge Paul Grewal to essentially disqualify any work around source-code from Samsung’s patent defense. Grewal granted that Apple request, laying down these sanctions:
Samsung shall be precluded from offering any evidence of its design-around efforts for the ‘381, ‘891 and ‘163 patents, and shall not argue that the design-arounds are in any way distinct from those versions of code produced in accordance with the court’s order. Samsung must instead rely solely on the versions of code that were produced on or before December 31, 2011
More after the break
Now Apple has gone back to court again. Reportedly, Samsung purges emails on a regular basis and Apple is suggesting that important emails pertaining to the case have been destroyed. Apple has filed a motion accusing Samsung of “spoliation of evidence” and said that Samsung destroyed “vast quantities of relevant evidence in blatant disregard of its duty to preserve all such evidence.”
Part of Apple’s Motion reads:
Samsung’s ad hoc, unmonitored email ‘preservation’ methods have resulted in the irretrievable loss of unknown volumes of relevant emails. … For example, Judge Grewal recently compelled the deposition of Won Pyo Hong, the head of Samsung’s Product Strategy Team, in part due to an email in which Dr.Hong ‘directly orders side-by-side comparisons of Apple and Samsung products for design presentations.’
Apple and the Court cannot possibly know how many more emails Dr. Hong sent or received that would have supported Apple’s claims that Samsung copied Apple products had they not been deleted.
Samsung has dismissed these allegations as “baseless”