Adverse Inference Order for Spoliation Entered Against Samsung in Apple Patent Suit

Apparently, Samsung has an auto-delete feature that deletes employee e-mail on its proprietary system after a set time. While Samsung apparently took some steps to warn employees to preserve relevant emails after suit had been filed, it left on the auto-delete feeature.  The judge has entered an adverse inference order in the suit.  The order is here.  It's too fact-based to summarize effectively, but Apple in part used the fact that there were many more relevant emails on the non-proprietary system than on the proprietary one to establish the fact of some likely harm.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

2 thoughts on “Adverse Inference Order for Spoliation Entered Against Samsung in Apple Patent Suit

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    So assumably pelpoe preaching, say, Buddhism, or sedition, or a religious message of love entailing the notion that mass sodomy of Christians to help save them from their brainwashing, would enjoy the same protections you’re talking about?By the way, it frankly seems like a rotten thing to do, to force a captive audience to listen to pelpoe read scripture — especially such fire-and-brimstone stuff as this guy was reading. He’s lucky someone didn’t punch him out for being an annoying, opportunistic jerk. Say what you like about the Black Panthers, but they are at least in dialog with the pelpoe standing around — who are free to leave if they want (not being preached at in a place where they are stuck waiting to conduct their business), free to ask questions, free to disagree, and are respected enough to be offered a response to their disagreement. THAT is what free speech is for: not for picking inopportune times when one can cram one’s ideology down unwilling others’ throats.

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