Samsung Could Lose Battle to Apple for Destroying Evidence and Pay 2.5 Billion to US Smartphone Giant

California court will give its decision on Monday in what is seen as the biggest patent US trial
in recent memory. Samsung is being sued by Apple copying designs and other patents from the iPhone and iPad maker. The amount Aplle is asking for in damages is more than $2.5 billion. The case is being trialed in San Jose, California, federal court that will sort out the competing claims.

The same allegations are also launched by Korean smartphone giant. US District Judge Lucy Koh, who will preside in the jury trial barring any last-minute settlement, has issued temporary injunctions against US sales of Samsung's 10-inch Galaxy tablet and the Galaxy Nexus smartphone developed with Google.

To make matters worse, a magistrate in the case ruled Monday that Samsung failed to retain key evidence in the case by allowing emails to be destroyed after learning of the lawsuit. R Polk Wagner, a professor of patent law at the University of Pennsylvania has also stated: "It's never good when the judge decides you've withheld or destroyed evidence.”

A patent attorney in Washington DC who asked to remain anonymous because of client links, said the ruling could be "a killer" for Samsung: "Whether it was relevant or not, the fact that evidence was destroyed will be taken into consideration.”

Samsung could face big risks: If Apple wins; it would automatically get a permanent injunction on sales of Samsung devices. And if Samsung makes only minor changes, Apple could ask for the Korean firm to be held in contempt. The case has huge financial implications for both firms and the burgeoning industry for mobile devices.

Samsung is the leading maker of smartphones using Google's Android operating system, which has become the most popular platform despite complaints from Apple that it has infringed on its patents.
The Apple filing Tuesday said Samsung, in entering the smartphone and tablet markets, "chose to compete by copying Apple. Samsung's infringing sales have enabled Samsung to overtake Apple as the largest manufacturer of smartphones in the world.”

Samsung has steadfastly denied abusing Apple patents and countered in court that Apple has been taking advantage of some of the South Korean company's patented technology for wireless connections. In May, two days of court-directed peace talks between the chiefs of Apple and Samsung ended with no truce in the legal battle headed for court in San Jose, California.

Apple boss Tim Cook and Samsung chief Choi Gee-Sung met in San Francisco after a judge asked the bosses to personally try to resolve the case.