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