Intellectual property
Further an order has been made that proof of infringement by MOSAID of certain representative Samsung parts of MOSAID's choosing will determine infringement of all Samsung parts. Samsung is also precluded from challenging MOSAID's expert evidence as to the operation of Samung parts, to the extent that such challenges rest on any assumptions made in performing analysis on representative parts. The Jury at trial shall also be given an instruction that it should draw an adverse inference from the destruction and non-production of emails by Samsung.
Jim Skippen, senior vice-president and general counsel for MOSAID, comments:
"Part of Samsung's strategy seems to have been to unfairly delay and bias the case outcome by either withholding or destroying critical documents."
The judge in the case writes: "The prejudice resulting from complete and total email spoliation seems particularly obvious. . . the fact that no technical emails were preserved . . . demonstrates, at the least, extremely reckless behaviour."
