Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
895
Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #2 Declaration of Esther Kim ISO Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #3 Exhibit 1, #4 Exhibit 32, #5 Exhibit 33, #6 Proposed Order Granting Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #7 Proposed Order Granting Apple's Administrative Motion to Seal Documents)(McElhinny, Harold) (Filed on 5/1/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California corporation,
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Plaintiff,
v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG ELECTRONICS
AMERICA, INC., a New York corporation; and
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware limited liability
company,
Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDER GRANTING
APPLE INC.’S MOTION FOR
ADVERSE INFERENCE JURY
INSTRUCTIONS DUE TO
SAMSUNG’S SPOLIATION OF
EVIDENCE
Defendants.
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[PROPOSED] ORDER GRANTING APPLE’S MOTION FOR ADVERSE INFERENCE JURY INSTRUCTIONS
CASE NO. 11-CV-01846-LHK (PSG)
sf-3139813
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Pursuant to Federal Rule of Civil Procedure 37 and Local Rule 37-4, Apple Inc. (“Apple”)
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seeks certain remedies based on Samsung Electronics Co., Ltd.’s, Samsung Electronics
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America, Inc.’s, and Samsung Telecommunications America, LLC’s (collectively, “Samsung”)
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spoliation of evidence.
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Having considered the arguments of the parties and the papers submitted, and GOOD
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CAUSE HAVING BEEN SHOWN, IT IS ORDERED that Apple’s Motion for Adverse Inference
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Jury Instructions Due to Samsung’s Spoliation of Evidence is GRANTED.
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The Court issues the following findings and orders:
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1.
The Court finds that Samsung spoliated evidence.
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2.
The Court will instruct the jury that:
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(a) Samsung had a duty to preserve relevant evidence, including emails;
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Samsung failed to preserve large volumes of relevant emails and other
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documents; Samsung acted in bad faith in failing to preserve the relevant
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documents; and the jury may presume that the documents that Samsung failed
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to preserve would have been favorable to Apple’s case and unfavorable to
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Samsung; and
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(b) if the jury finds infringement of any Apple patent, trademark, or trade
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dress, the jury may infer that the infringement was intentional, willful, and
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without regard to Apple’s rights.
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IT IS SO ORDERED.
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Dated: May ____, 2012
HONORABLE LUCY H. KOH
United States District Judge
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[PROPOSED] ORDER GRANTING APPLE’S MOTION FOR ADVERSE INFERENCE JURY INSTRUCTIONS
CASE NO. 11-CV-01846-LHK (PSG)
sf-3139813
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