Apple believes that Google is withholding details about the way that Samsung is using Android’s source code. Apple is asking U.S. Magistrate Judge Paul Grewal in San Jose to force Google to turn over documents that are related to the Android operating system. In Apple’s second patent-infringement lawsuit against Samsung in the same court, they are arguing that Android is used in all of Samsung’s allegedly infringing products and it “provides much of the accused functionality.”
According to Bloomberg, Apple’s lawyer Mark Lyon said that the company has concerns that “they’re not doing a full search.” There is currently a dispute in evidence gathered in the case filed last year by Apple, covering the technology in new smartphones made by both companies, including the Apple iPhone 5 and the Samsung Galaxy S III. Matthew Warren, a lawyer that works with Samsung and Google, said that giving Apple access to Android source code may lead to “future discovery that we don’t think they’re entitled to” and would give them ideas “about how to proceed that they wouldn’t have had.”
Prior to this second patent lawsuit, a jury awarded Apple $1.05 billion in damages due to the infringement of 6 Apple patents. U.S. District Judge Lucy Koh said that the jury made an error and lowered the total damages to $639.4 million. A new trial was ordered in November for some of the products in that lawsuit. The earlier lawsuit was filed as Apple Inc. v. Samsung Electronics Co. Ltd., 11-cv-1846 and the second case is under Apple Inc. v. Samsung Electronics Co., 12-cv-630, U.S. District Court, Northern District of California (San Jose).