Apple is trying to bring Google into their lawsuit with Samsung in a roundabout way. Apple wants a judge to ask Google to turn over documents related to the Android OS. Apple argues that by having a judge force Google to turn over the documents, it will help prove their case of Samsung’s alleged infringement. Android runs in all of Samsung’s devices that Apple has a problem with and Apple argues that Android “provides much of the accused functionality“.
A lawyer for Apple claims that Google is not doing a full search for said documents, but the lawyer representing Samsung in this case and who also represents Google as well, said that this was part of Apple’s “strategic decision… to keep Google off the complaint” in this case. By not listing Google as part of the complaint, Google is not entitled to the same reciprocal discovery process as Apple and Samsung. If a judge orders this evidence to be turned over Apple, they could possibly be handed something they could use to try and come after Google, that they would not have got without a judges order.
This is the second trial for Samsung and Apple. The first one didn’t go as well as Samsung had hopped, having received a judgment of $1.05 billion which was later reduced to $639.4 million by the same judge, who also order a new trial. As always we will keep an eye on any developments in this case and bring them to you as soon as we hear them.