Google lawyer Matthew Warren has argued that Apple is seeking an unfair advantage, keeping Google out of the formal case in order to prevent reciprocal discovery efforts while still prying into Google's internal documents through third-party discovery. According to Warren:Apple, as part of its second patent-infringement lawsuit against Samsung in the same court, argues that Android is used in all of Samsung's allegedly infringing products and "provides much of the accused functionality" in Apple's claims, according to a court filing.
"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."
The case at hand relates to some of Apple's and Samsung's latest handsets, including the iPhone 5 and the Galaxy S III. It is a followup to a previous case that saw a jury award Apple $1 billion, although the judge in the case has voided nearly half of that judgment due to jury errors and a new trial to determine corrected damages is set for November.Turning over the search terms Apple wants may lead to "future discovery that we don't think they're entitled to" and give Apple "ideas about how to proceed that they wouldn't have had."
Article Link: Apple Targets Android Source Code Search Documents in Suit Against Samsung