Apple and Samsung are scheduled to go back to court in November, and now Apple is trying to get their hands on the Android Source Code records from Google, Apple has accused Google of improperly withholding information.
Apple wants the Android Source Code records for its second patent lawsuit against Samsung, and the company has said that as Android is used in all of Samsung’s alleged infringing devices, and “provides much of the accused functionality”, they need the records from Google.
“It’s a question of transparency,” Mark Lyon, a lawyer for Apple, told Grewal yesterday, referring to the documents. “We have concerns that they’re not doing a full search.”
Matthew Warren, a lawyer for Google who also represents Samsung, told Grewal that Apple made a “strategic decision” in filing its case “to keep Google off the complaint.” As a third-party to the case, Warren said, Google doesn’t have the same legal rights that Apple and Samsung have, in particular with respect to “reciprocal discovery.”
Whether or not Google will be made by the court to turn over the Android Source Code records to Apple remains to be seen, but we suspect Google will do everything they can to avoid passing the information along to Apple.
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