A new dispute regarding evidence gathering came in a case filed last year by Cupertino, California-based Apple covering technology in newer smartphones created by both companies, including its iPhone 5 and Samsung’s Galaxy S III.
This case is Apple’s second patent suit against Samsung in the United States. There has been another case, in which Apple won a $1.05 billion verdict. In that case, Apple sued Samsung for adopting its innovations without permission. Moreover, Samsung retaliated by suing Apple using SEPs alone.
The jury threw out Samsung’s claims and found the company guilty on nearly every charge. However, the U.S. District Judge Lucy Koh, believing the jury made a mistake and not only that she lowered the damages total to $639.4 million, but also ordered a new trial in November for some of the products at issue in that case.
Apple asked a judge to force Google to turn over documents related to its Android operating system. The company told U.S. Magistrate Judge Paul S. Grewal in San Jose, California that Google is withholding information about what terms it is using to find the documents Apple has requested in pretrial information sharing. In accordance to Apple’s statement, the information is necessary, given that Samsung, which is the defendant in the case, makes devices that run Google’s operating system.
According to Google’s lawyer, Matthew Warren it appears that Apple made a strategic move by leaving Google out of its complaint against Samsung. He also stated that what Apple wants Google to reveal, could lead to showing information that they might not be entitled to.
Although, in his patent suits, Apple has decided not to name Google as a defendant, seeking damages from individual device makers, it has played a secondary role. However, as a third-party to the case, Google does not have the same legal rights as Apple and Samsung, especially when it comes to “reciprocal discovery.”
Google and several other companies wanted to file an amicus curiae (“friend of the court”) brief to the appeals court in support of Samsung. As Apple points out, Google is hardly a disinterested party, being the developer of the Android operating system running on the Samsung smartphones that Apple seeks to enjoin in this case.