Apple Wins Adverse Interference Jury Instruction Against Samsung

Magistrate Judge Paul S. Grewal has granted Apple an Adverse Interference Jury Instruction against Samsung for allowing 'spoliation of evidence' that it was ordered to preserve.

Samsung says its unable to produce emails that may have been important to Apple's case since they were automatically deleted on Samsung's corporate email system.

The jury will receive the following instruction from Judge Koh when the case begins July 30th.


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"Samsung has failed to prevent the destruction of relevant evidence for Apple's use in this litigation. This is known as the 'spoliation of evidence.'

I instruct you, as a matter of law, that Samsung failed to preserve evidence after its duty to preserve arose. This failure resulted from its failure to perform its discovery obligations.

You also may presume that Apple has met its burden of proving the following two elements by a preponderance of the evidence: first, that relevant evidence was destroyed after the duty to preserve arose. Evidence is relevant if it would have clarified a fact at issue in the trial and otherwise would naturally have been introduced into evidence; and second, the lost evidence was favorable to Apple.

Whether this finding is important to you in reaching a verdict in this case is for you to decide. You may choose to find it determinative, somewhat determinative, or not at all determinative in reaching your verdict."
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