Apple v. Samsung: The Largest International eDiscovery Spoliation Case Yet?

Apple v. Samsung: The Largest International eDiscovery Spoliation Case Yet?

Author: Eric Everson, MBA, MSIT-SE, Juris Doctorate Candidate May 2013

In one of the most public battles of International eDiscovery to date, Apple recently won, what many are calling a landmark victory over Samsung in their ongoing patent dispute (See: 2012 WL 3627731).  For those involved in International eDiscovery, this case stands to reaffirm an international duty to preserve.

As the previously noted case citation reveals, despite the patent death match that was so readily publicized in the media, the battle of spoliation was one less sensationalized by the mass media.  What is spoliation? As Scott Lefton recently noted, “Spoliation of evidence is the intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding.”  As it turns out in Apple v. Samsung, both sides cast the finger of spoliation, however Apple won the upper hand, “Apple sought a finding that Samsung spoliated evidence, and as a sanction for such conduct, an adverse inference jury instruction “to the effect that: (1) Samsung had a duty to preserve relevant evidence, including emails; Samsung failed to preserve large volumes of relevant emails and other documents; Samsung acted in bad faith in failing to preserve the relevant documents; and the jury may presume that the documents that Samsung failed to preserve would have been favorable to Apple's case and unfavorable to Samsung; and (2) if the jury finds infringement of any Apple patent, trademark, or trade dress, that jury may infer that the infringement was intentional, willful, and without regard to Apple's rights.”

So in other words, Samsung did not archive their emails therefore resulting in bad faith which allowed for a favorable presumption to Apple.  Let us not forget that Samsung is a multinational enterprise based in Seoul, South Korea.  From this latest decision, the message is clear, if your corporation is going to do business in America, you must observe the American duty to preserve, or you will pay! 

This case is just one of a number of recent decisions that are shaping the international business environment and the way businesses must handle and preserve digital records.

#eDiscovery #infosec #bizlaw

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About the Author:  Eric Everson is a 3L law student at Florida A&M University – College of Law.  Prior to law school he earned an MBA and Masters in Software Engineering while he serving ten years of executive leadership in the U.S. telecommunications industry.  The views and opinions presented in this blog are his own and are not to be construed as legal advice.  Eric Everson currently serves on the Board of Governors for The Florida Bar Young Lawyers Division Law Student Division and is the President of the Electronic Discovery Law Student Association at Florida A&M University – College of Law.  Follow @IntleDiscovery