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Apple gains access to Android information, potentially opening door to more suits

The order from a judge requiring Google to hand over development information about Android to Apple could provide the company with ammunition for additional lawsuits claiming Android copies important iOS functionality.

The judge said that Google must also hand over information about its $12.5 billion deal to acquire Motorola Mobility. Apple has been asking for the information for a while as part of its legal battles with Motorola Mobility.

?Apple is arguing that Android?s functionality is relevant to its patent dispute with Motorola, and the judge appears to be inclined to agree based on the recent orders,? said Jason Koslofsky, an attorney with ArentFox LLP, Washington.

?The materials ordered to be handed over can probably only be used in the case under a protective order,? he said. ?But, in the context of the case, Apple will use the materials to try to show that the patents that Apple alleges were infringed by Motorola had value to Google when developing Android and in deciding to acquire Motorola.

?If the judge agrees, Apple might use the result in other litigation over Android and iOS to show that Google duplicated iOS functionality in Android.?

Google gets dragged in
Google argued that it should not have to hand over the information because it is a non-party in the suit as Apple is suing Motorola Mobility over alleged patent infringement.

However, Apple argued ? and the judge agreed ? that because the alleged patent infringement is for mobile devices built on Google?s Android operating system and because Google is acquiring Motorola Mobility, the company is directly involved.

?For example, the Motorola products accused of infringing the Apple asserted patents run on Google?s Android operating system, and the amount that Google paid to acquire and develop Android and the asserted features is thus relevant to the non-obviousness and value of the patented functionalities,? said Apple?s motion requesting that the information be made available.

?Similarly, Google?s purchase of Motorola ? including the Motorola martphones and tablets accused of infringing Apple?s patents ? is also relevant to the nonobviousness and value of the patented features as such discovery will show, for example, the value that Google placed on the patented features and accused products in its decision to acquire Motorola,? the motion said.

?There is no question that Google is directly involved in and relevant to these proceedings, particularly given that the Justice Department has approved Google?s acquisition of Motorola and the parties will soon become the same entity.?

Google argued that the information Apple is seeking regarding the Motorola acquisition and Android is not relevant to any damages asserted in the case in its opposition. 

Chink in the armor
Motorola?s mobile patents are one of the reason Google is acquiring the company so it can protect itself from future law suits.

However, it appears to be exactly because of the acquisition that Google is being dragged into this particular case.

?With Google acquiring Motorola Mobility, it kind of ties them together where Apple is continuing to sue Motorola but can look at the source code from Google,? said Philip Solis, research director for mobile devices at ABI Research, New York.

The trial examining whether Motorola infringed six Apple patents is scheduled to being on June 11.

If Apple succeeds in gaining access to the information it is requesting and is able to prove that Google infringed key iOS technology, it could mean that Apple would be able to get an injunction to prevent the sale of Android devices.

?But that probably would not last,? Mr. Solis said. ?Google might have to do a lot of rewriting of the software to come up with a workaround. ?The problem is that this is about the core aspects of Android, which could make coming up with a workaround more complicated.

?My guess is that Google has been working on new versions of Android and is looking to purposely avoid having to come up with a workaround,? he said.

Final Take
Chantal Tode is associate editor on Mobile Marketer, New York