In the latest iteration of the Apple and Samsung dispute, Apple has requested a California court to order Google to
turn over information regarding the source code of it's Android
operating system. In an argument to U.S Magistrate Judge Paul S. Grewal,
Apple believes that Google is withholding information that could prove
vital in it's claim against the South Korean company.
Android is yet again in the crosshairs of Apple / © Android
Apple has argued that
since Android is used in the Samsung devices that are a part of their
current lawsuit against the South Korean company, the information laying
in the source code could provide added transparency into their
patent-infringement accusation. Lawyers for Google and Samsung have said
that this latest revelation was a "strategic decision" by Apple to keep
Google off the complaint filed. By doing so, Google remains as a third
party to the Apple/Samsung trial and as such, isn't afforded the luxury
of reciprocal discovery, a law that compels defendants to disclose some
information to prosecutors before trial.
In defense of the stalling of providing the information requested,
Google has said that by turning over the source code to Apple, it may
"lead
to future discovery that we don't think they're (Apple) entitled to and
give them (Apple) ideas about how to proceed that they wouldn't have".
The battle between Apple and Samsung continues in another lawsuit filed recently / © unwiredview.com
Going forward
The lawsuit is scheduled to begin in March 2014 and is hot on the
heels of the previous trial in which a jury awarded Apple almost $1.05
billion after finding that Samsung infringed on six of Apple's patents. A reduction of the total amount
was recently done by U.S. District Judge Lucy Koh to almost half of the
original amount awarded, citing jury error as the cause for the
review.
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