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Apple asks Google to turn over Android source code for its lawsuit against Samsung

Posted: , by Alan F.

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Apple asks Google to turn over Android source code for its lawsuit against Samsung
Apple is now asking Google for Android source code documents as part of the discovery process for its patent trial against Samsung. The Cupertino based tech giant says that since all of the devices involved in its second patent infringement suit against Samsung are powered by Android, the open source OS "provides much of the accused functionality" in the claims made by Apple against its Korean rival. Apple attorney Mark Lyons told U.S. Magistrate Paul Grewal that he is concerned that Google is not looking in every nook and cranny for documents that meet the terms of Apple's request and wants the judge to force Google to turn over the source code.

Google responded by saying that Apple made the "strategic decision" to keep Google off of the complaint filed, and as a third party to the law suit it is not covered by the same legal rights that both Apple and Samsung are when it comes to the exchange of pre-trial documents known as "discovery". Google attorney MatthewWarren is concerned that turning over the requested documents to Apple might lead to "future discovery that we don’t think they’re entitled to" and might give Apple "ideas about how to proceed that they wouldn’t have had."

The lawsuit is scheduled to begin next March. It will be proceeded by a new trial covering some of the Samsung devices that had been found by a jury last year, to have infringed on Apple patents. However, Judge Lucy Koh ruled that the jury made a mistake in awarding $1.05 billion to Apple and vacated some of the award pending a new trial which will take place in November. After Koh's ruling, Apple was left with an award totaling $639.4 million.

source: Bloomberg

99 Comments
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posted on 08 May 2013, 11:29 25

1. xperiaDROID (limited) (Posts: 5399; Member since: 08 Mar 2013)


Google, just ignore Apple. The best way to stop this court battle is to ignore Apple, and also Samsung. And remember, don't even think about helping them!

posted on 08 May 2013, 11:40 22

6. quadrazeus (Posts: 359; Member since: 03 May 2013)


Lol, ignoring them isn't in Google's hand. There are things called 'law', 'order', 'court' and 'ruling'.
That's why instead of commenting at EVERY DAMN article, improve your GK, kid.

posted on 08 May 2013, 11:52 14

12. xperiaDROID (limited) (Posts: 5399; Member since: 08 Mar 2013)


You can disagree with me, but you can't always go against me like that, dude.

You replied me a lot of times, "Dude, you're awfully cheesy", you always call me cheesy.

I had enough of this! You need to learn how to reply a DAMN comment!
My suggestion is not your suggestion! Is that clear?

posted on 08 May 2013, 12:10 9

25. quadrazeus (Posts: 359; Member since: 03 May 2013)


Whoa! Sorry to hurt you. :/
But I just can't resist pressing that reply button next to your comment.

posted on 08 May 2013, 12:06 10

21. darkkjedii (Posts: 10998; Member since: 05 Feb 2011)


Quad this dudes only 14 man, cut him some slack. At least he's showing interest in something other than the BS most kids his age are into. Xperia I think quads your own personal droiddoes

posted on 08 May 2013, 12:08 6

22. xperiaDROID (limited) (Posts: 5399; Member since: 08 Mar 2013)


Thanks for helping, Dark.

posted on 08 May 2013, 12:21 9

27. stealthd (Posts: 948; Member since: 12 Jun 2011)


Here's some real help: if you're 14 and don't know anything about law, don't pretend you know what you're talking about.

posted on 08 May 2013, 12:26 11

28. PapaSmurf (Posts: 8171; Member since: 14 May 2012)


Here's some even better help: Find other things to do other than try to bash a 14 year old. Thanks and have a great day.

posted on 08 May 2013, 13:06 9

44. stealthd (Posts: 948; Member since: 12 Jun 2011)


I don't care how old someone is, this is the Internet. Grow up or get out. You can't fall back on "but I'm 14" here. If you don't know what you're talking about just STFU. It's not complicated.

posted on 08 May 2013, 13:19 2

52. xperiaDROID (limited) (Posts: 5399; Member since: 08 Mar 2013)


Aww.....you're butthurt eh?

posted on 08 May 2013, 17:31

80. darkkjedii (Posts: 10998; Member since: 05 Feb 2011)


Wow dude really

posted on 08 May 2013, 17:53 2

83. PapaSmurf (Posts: 8171; Member since: 14 May 2012)


You're exactly what's wrong with the internet. Please get off and go outside. Acting tough through a keyboard? You should definitely consider putting that on your job application! Grow the f--- up already and stop acting like a eight year old.

posted on 08 May 2013, 13:19 2

53. xperiaDROID (limited) (Posts: 5399; Member since: 08 Mar 2013)


Thanks for helping, PapaSmurf!

posted on 08 May 2013, 12:43 1

35. xperiaDROID (limited) (Posts: 5399; Member since: 08 Mar 2013)


Dear stealthd,

If you have nothing to bash, don't bash.

Yours truly,
xperiaDROID

posted on 08 May 2013, 12:12 6

26. quadrazeus (Posts: 359; Member since: 03 May 2013)


Alright, lightjeddi. I get your point there.
But...Uh I love mocking kids. :/
And hey, droiddoesn't.

posted on 08 May 2013, 13:49 4

66. darkkjedii (Posts: 10998; Member since: 05 Feb 2011)


Lol Xperias a cool dude though, and he has a lotta good points.

posted on 08 May 2013, 14:53 2

75. Nephylim (Posts: 134; Member since: 04 Apr 2013)


every single comment posted by you is against samsung

hey troll, dont be jealous !!!

Maybe samsung will not sell very well (full of sarcasm) LOL

posted on 08 May 2013, 17:33

81. darkkjedii (Posts: 10998; Member since: 05 Feb 2011)


Me???

posted on 08 May 2013, 18:03

84. Nephylim (Posts: 134; Member since: 04 Apr 2013)


not you...
quadrazeus !!!!

posted on 09 May 2013, 00:55

89. quadrazeus (Posts: 359; Member since: 03 May 2013)


Lol, which part of my comment is against Samsung? Dumbass!

posted on 09 May 2013, 01:37

90. kozza3 (Posts: 574; Member since: 17 Oct 2012)


hahahahahahahahahahahah :D

posted on 09 May 2013, 06:58 1

96. Trex95 (Posts: 543; Member since: 03 Mar 2013)


Actually Google doesn't like Samsung. Just ask yourself why Samsung hate Andro Robin the Android founder!

posted on 08 May 2013, 11:35 7

2. darkvadervip (Posts: 309; Member since: 08 Dec 2010)


Samsung knows that in the end they copy everybody and that is why they are on there on the Tizen plan.

posted on 08 May 2013, 12:00 11

16. duckymomo26 (Posts: 19; Member since: 01 Jun 2012)


In what part of the article does it says Samsung is copying?

posted on 08 May 2013, 12:03 11

18. donfem (Posts: 526; Member since: 30 Mar 2011)


You should understand that not everyone who sees an article actually reads it. Once it has "Samsung" on it, these uneducated ones, jump on it it wth "copying', etc.

posted on 09 May 2013, 02:46

94. joey_sfb (Posts: 2883; Member since: 29 Mar 2012)


If they want to make any request, Google should be allow to particpate in the lawsuit and bring on in patents that are infringe by apple just like what Samsung did.

posted on 08 May 2013, 11:36 16

3. omacmagic (Posts: 25; Member since: 26 Oct 2012)


Sick and tired of this Apple company.

posted on 08 May 2013, 11:37 13

4. Nikolas.Oliver (banned) (Posts: 1574; Member since: 01 Jul 2012)


screw you rotten apple, just gtfo, you copied android features, google doesn't sue you, samsung took a little cue from you, you sue them

features that were stolen (and already available before apple) by apple from android
1.)Notification Center
2.) Notification center widgets
3.) folders
4.) front facing camera
5.) 4G LTE
6.)

posted on 08 May 2013, 11:42 8

7. Nikolas.Oliver (banned) (Posts: 1574; Member since: 01 Jul 2012)


6.) panoramic picture
7.) led flash
8.) multitasking
9.) turn by turn navigation
10.) ota updates
11.) voice commands
12.) wallpapers

posted on 08 May 2013, 12:29 4

32. stealthd (Posts: 948; Member since: 12 Jun 2011)


Android wasn't first for any of those features, and you can't patent "features", only a specific implementation of a feature, so they wouldn't be able to sue for any of those anyway.

posted on 08 May 2013, 13:52 4

68. MobileCaseReview (Posts: 241; Member since: 10 Feb 2012)


True story. My old pocket PC phones pre-smartphone did all of those no problem. Even my old palm treo's also accomplished most of those features.

posted on 08 May 2013, 14:06 2

72. sniper1087 (Posts: 365; Member since: 31 Dec 2011)


seriously? there is a reason why Google cannot sue anybody over this features, they were made before and google is "open source", meaning anybody can grab the code and do with it whatever they want, just look at Jolla for example. Alsoif you also have a look at webOS open source project, swipe to remove apps that android has is actually taken from it, on webOS is swipe up to remove the cards, on android swipe to the side to remove recent apps, thats all.

posted on 09 May 2013, 01:57 2

93. willard12 (Posts: 764; Member since: 04 Jul 2012)


"They were made before Google".....you mean like slide to unlock, rounded edges, pinch to zoom and everything apple has sued over. Considering no one can truly name an actual apple invention in the mobile world, that argument is pretty useless. Google doesn't sue because they don't make money from android and can't claim damages. This is also why they aren't sued...However, Motorola can sue whoever they want.

posted on 08 May 2013, 11:39 22

5. boosook (Posts: 981; Member since: 19 Nov 2012)


Isn't Android open source? Apple, go look the source code yourself, if your developers can understand it! :-)

posted on 08 May 2013, 11:54 12

14. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


LMAO shots fired!

posted on 08 May 2013, 12:10 14

24. MartyK (Posts: 711; Member since: 11 Apr 2012)


And if they need help finding open source code , Just "Google it"!...hahahaha

posted on 08 May 2013, 12:28 5

31. Diego! (Posts: 504; Member since: 15 Jun 2009)


hahahahhaa xD Or use "Google Now" :P

posted on 08 May 2013, 12:27 5

29. Diego! (Posts: 504; Member since: 15 Jun 2009)


hahahaha xD *Standing Ovation* That was awesome! :P

posted on 08 May 2013, 15:20 1

76. Fallout09 (Posts: 414; Member since: 17 Oct 2011)


I was thinking the same thing. Apple just wants everyone to do the work for them.

posted on 08 May 2013, 11:43 13

8. Malki (Posts: 56; Member since: 20 Feb 2013)


Apple is just like a 7 years old kid...

posted on 08 May 2013, 12:05 2

19. donfem (Posts: 526; Member since: 30 Mar 2011)


Probably true. How old is the first ifone anyway?

posted on 08 May 2013, 11:44 11

9. PapaSmurf (Posts: 8171; Member since: 14 May 2012)


This... This is just sad. Apple needs to calm down. It isn't that serious to bring Google into it.

posted on 08 May 2013, 11:53 3

13. mayur007 (Posts: 409; Member since: 10 Apr 2012)


Apple The greedy,s rule .. 1 if u cant innovate new dont let others too ..
2 if u cant have monopoly and more profit lets sue others.. and try to block their sales...
:P

posted on 08 May 2013, 11:56 5

15. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


LMAO @ pathetic apple. This sh*t right here is why those fools are losing market share. Less time litigating, more time innovating. apple is that spoiled little brat tjhat always whined cried pissed and moaned to the teacher or mom that "wwwaaaah Billy is copying me!"
Yeah we all hated that kid too.

posted on 08 May 2013, 12:53 1

38. stealthd (Posts: 948; Member since: 12 Jun 2011)


Recent reports have shown them gaining market share.

posted on 08 May 2013, 13:05 4

43. Aeires (unregistered)


In one country for one quarter. Annual world sales are down. Tablets are taking the biggest loss as people look beyond the iPad.

posted on 08 May 2013, 15:45 4

77. darth8ball (Posts: 519; Member since: 02 Aug 2011)


Wrong apple is losing market share. Predictions have them dipping under 10% market share by the end of the year. Apple keeps regurgitating the same ole behind the times crap.

posted on 08 May 2013, 12:03 3

17. darkkjedii (Posts: 10998; Member since: 05 Feb 2011)


LMAOOOOO yeah rite apple. Take that lawsuit money and give it to Sharp, and LG for some bigger screens.

posted on 08 May 2013, 13:15

49. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


'right'

posted on 09 May 2013, 07:47

97. androiddownsouth (Posts: 598; Member since: 02 May 2012)


^ That lol. And, seeing as how Google isn't named in the lawsuit, I hope Google tells Apple to eff off and die. Plus, if Apple does name Google in the lawsuit, that could be akin to poking the bear and expecting it not to maul you. I know Apple has tons of cash and great lawyers at hand, but don't think for one second Google doesn't have some mean guns waiting to fire back to defend itself.

posted on 08 May 2013, 12:05 8

20. FlushGordon (unregistered)


Apple seeking sales ban over outdated handsets

SAMSUNG cleverly countering by releasing 3 handsets per month

I call that effective trolling....Apple needs to stfu...

posted on 08 May 2013, 12:10

23. d_myke (Posts: 6; Member since: 13 Nov 2012)


uh, they wish!

posted on 08 May 2013, 12:35 3

33. InspectorGadget80 (Posts: 6381; Member since: 26 Mar 2011)


Apple needs too STFU and Google don't bother listening to the big greedy turd.

posted on 08 May 2013, 13:04 5

42. Aeires (unregistered)


Dear Apple,

Please join the Open Handset Alliance and get the code just like everyone else who agreed to the terms.

Sincerely,
Google

posted on 08 May 2013, 13:58 3

69. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


Dear Google,

We do not know how to Google. Please send detailed instructions, or failing that a dimwitted 8 year old to hold our hands and walk us through the immensely, needlessly complex process. That you probably copied from us.

Go F*ck yourselves,
apple

posted on 08 May 2013, 13:26 3

56. jibraihimi (Posts: 695; Member since: 29 Nov 2011)


I remember 1 or 2 years back when apple was ahead in term of innovation, Samsung asked for the codes of ios in court to help them with their trial, and Now When Android is ahead in term of innovations and adding new features, then apple is asking them for the codes......... What an irony......... Steve jobs must be feeling so uncomfortable at this moment...........

posted on 08 May 2013, 13:51 1

67. downphoenix (Posts: 2302; Member since: 19 Jun 2010)


no, he's dead.

posted on 08 May 2013, 14:45 1

74. opensourceftw (banned) (Posts: 148; Member since: 01 Jan 2013)


I SAY YOU HE DEAD!

posted on 09 May 2013, 03:26

95. jibraihimi (Posts: 695; Member since: 29 Nov 2011)


I meant in his grave...... :)

posted on 08 May 2013, 13:40 4

63. TheRetroReplay (Posts: 245; Member since: 20 Mar 2012)


I find it interesting the Apple has yet to sue Google directly but instead go after OEMs they consider a threat. They went after HTC and Motorola and those didn't last long but yet they keep going after Samsung.

Now they want Google to turn over the Android source code. Their beef is with Android and Google, not OEMs. Yet they choose to leave Google out of the case but are now trying to drag them in.

Apple, if you want to make any headway in your lawsuits, just sue Google directly, you won't win but it would be funny to see you try.

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