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Apple claims Samsung destroyed evidence in patent case -- report

The company says Samsung engaged in a purposeful "spoilation of evidence" that hurts its position in its patent-infringement case, according to Network World.

Don Reisinger
CNET contributor Don Reisinger is a technology columnist who has covered everything from HDTVs to computers to Flowbee Haircut Systems. Besides his work with CNET, Don's work has been featured in a variety of other publications including PC World and a host of Ziff-Davis publications.
Don Reisinger
2 min read

Earlier this month, Apple accused its rival Samsung of destroying evidence in their patent-infringement case, according to a new report.

According to Network World, which claims to have obtained a "heavily redacted" motion Apple filed with Northern District Court of California on May 1, the iPhone maker is charging Samsung with the "spoilation of evidence." Apple claims Samsung destroyed "vast quantities of relevant evidence in blatant disregard of its duty to preserve all such evidence," according to the report.

The companies' patent-infringement battle in the California district court is one of the more heated legal tussles they're waging around the world. Earlier this month, Apple requested that jurors in the trial, which is slated to begin July 30, not be allowed to see Samsung's logo on court video equipment. Apple argued that allowing the logos to be on display could give the jurors an impression that Samsung is favored by the court.

In response, Samsung asked the court to ban "Apple-related blogs and articles by non-expert newspaper reporters, regarding any assessment of Apple and Samsung and/or their products."

The basis of Apple's latest motion relates to deposed witnesses, according to Network World. Apple reportedly believes that the number of documents provided by Samsung witnesses was actually much lower than what they were expected to deliver.

"Samsung's ad hoc, unmonitored email 'preservation' methods have resulted in the irretrievable loss of unknown volumes of relevant emails," Apple reportedly wrote in its motion. "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," Apple continued.

The court plans to hold a hearing on Apple's claims on June 7, and Samsung must reply to the charges by May 15. However, according to Network World, Samsung, which has called the allegations nonsense, has requested more time to file its brief. It has also requested the court push the hearing back to July 10 due to time constraints.

As one might expect, Apple quickly responded earlier this week, saying the hearing should not be delayed.

CNET has contacted both Apple and Samsung for comment on the shots they're trading. We will update this story when we have more information.