Disclosure could be difference between winning and losing

Category: Electronic Disclosure

13 September, 2012

Email evidence was a deciding factor in the Apple vs Samsung patent infringement case.

Apple recently won its patent infringement case against Samsung in the US, with a judge giving a $1 billion verdict to the creators of the iPhone.

Samsung may have to stop selling any devices that infringe on Apple's patents as a result of the ruling, but the case is not over yet, as it is likely Samsung will appeal the verdict.

One of the jurors, Manuel Ilagan, said it was email evidence heard in court that caused Samsung to lose the case.

"The e-mails that went back and forth from Samsung execs about the Apple features that they should incorporate into their devices was pretty damning to me," he said.

It is possible that the emails deleted by Samsung before the trial were also considered by the jury to contain information detrimental to the case – even if they did not – which highlights the importance of proper discovery processes.

Electronic Disclosure– Kroll Ontrack has the technological strength, expertise, and commitment to ensure your success in managing small e-disclosure projects as well as large volumes of electronic evidence legally, accurately and cost-effectively.