apple samsung

The patent lawsuit trial between Apple Inc. (NASDAQ:AAPL) and Samsung has yet to begin, but one judge appears to already ave a favorite in the case.

According to FOSS Patent’s, Florian Mueller, Magistrate Judge Paul S. Grewal ordered that Apple had the right to notify jurors about Samsung’s big mistake.  The  judge stated in an official document, “Samsung has failed to prevent the destruction of relevant evidence for Apple’s use in this litigation. This is known as the ‘spoliation of evidence'”.

Apparently, Samsung deleted some very important emails which would have proved to benefit Apple’s case.

Although Mueller claims that the judge could have used stronger terms in the ruling,  it should, nonetheless, prove effective as it further discredits Samsung.

The whole strange thing about this, is that one of Samsung’s key managers failed to provide any emails as evidence. Although the same manager was the one who took notes during a discussion meeting, in early 2011, along with the company’s then-CEO and Vice Chairman of Corporate Strategy. The meeting was to discuss plans to change the Galaxy Tab 10.1, immediately after the release of Apple’s iPad 2.

Samsung said deleting the emails was a part of Korean laws regarding privacy, which states that emails should be deleted every two weeks.  This wasn’t the first time that Samsung deleted important emails. Judge Grewal reported that Samsung previously deleted emails in another lawsuit, which clearly asked for company employees to save local copies of their emails.  Track back to 2011, when Samsung knew they were in trouble as Apple contacted them over valid concerns.

The lawsuit won’t officially start until next week, but Apple Inc. (NASDAQ:AAPL) wants $2.5 billion in damages. Moreover, there are pending injunctions against Galaxy Nexus and Galaxy Tab 10.1 right here in the United States.  Things aren’t looking so good for Apple’s number one competitor.

Next week, the official reports regarding the lawsuit should get interesting. Samsung is guilty this time, and they know it. Why else would they go through all the troubles of deleting the emails? That said, the case hasn’t even begun yet, so now is certainly not the time to jump to conclusions, especially since Samsung is not going down without a fight.  According their trial brief, Apple Inc. (NASDAQ:AAPL) is the real patent thief. One key note in the brief to point out: Samsung started the research and development of mobile communications in the early nineties. If it wasn’t for them, Apple wouldn’t have the technology to create the iPhone.

Let the fireworks begin!