Samsung vs. Apple Litigation: Deleted E-Mails Hand Apple an Advantage

A Japanese coach films the Japanese swim team with an iPad as they huddle on the pool deck at the Aquatics Centre before the start of the London 2012 Olympic Games in London (Photo : Reuters)

Samsung recently lost an advantage in its litigation with Apple when Judge Paul S. Grewal held them responsible for the deletion of e-mails that may have assisted Apple in their prosecution. With billions of dollars at stake, this blemish, intentional or not, does not reflect well on Samsung.

Filed in April 2011, Apple's case accused Samsung of "slavishly" copying the "look and feel" of Apple's handset devices. Apple seeks $2.5 billion in damages. However, if the case turns in Samsung's favor, they will surely counter-sue.   

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In concern to Samsung's missing emails, the jury is obligated to make its decision on the basis that they would have provided a fuller picture of the case.

According to thenextweb.com, Judge Paul S. Grewal's statement was that "Samsung has failed to prevent the destruction of relevant evidence for Apple's use in this litigation. This is known as 'spoilation' of evidence." The implication of "spoliation" is that that offender had "consciousness of guilt", or otherwise an ulterior motivation for their actions.

The battle for market share is being fought in stores and the court. In the second quarter of 2012, Samsung saw a 21.6% boost in its market share, while Apple's iPhone saw a decrease of 12.6%. However, if Apple wins this lawsuit, Samsung's ability to sell its own products may be severely impacted.

This lawsuit may be a deciding factor in which company ultimately dominates the smartphone and tablet markets. While we have yet to see how the "spoliation of evidence" clause will ultimately impact the case, one thing is for sure: neither Samsung or Apple will go down easy.