Apple wants to see Google's code for its Android operating system as part of its second patent infringment case against Samsung in the United States. Apple says the code ties directly to its infringement claims against Samsung, but Google thinks it's a move to get at proprietary information without targeting it directly in court.
Google wants to keep Android out of Apple & Samsung patent fight
Google is arguing that the search terms Apple wants the company to use to find the code it wants will result in "future discovery that we don't think they're entitled to," according to Bloomberg.
Apple, however, disagreed. Company attorney Mark Lyon told the court, "It's a question of transparency. We have concerns that they're not doing a full search."
Much like the case Apple won against Samsung last August, this case focuses on mutual claims of mobile device patent infringement. This time around, however, it involves newer products such as the iPhone 5 and Galaxy S III smartphones. Apple added the S III and Galaxy Note to the case after Magistrate Judge Paul Grewal approved the move in November 2012.
Google's efforts to keep its Android code secret doesn't come at a surprise since smartphones running the OS are the primary competitors to the iPhone, and Apple has already targeted some Android features in its patent infringement fights. Since Google isn't directly named in the case, it doesn't have the same rights as Samsung for reciprocal discovery, which means it can't get access to as much information as Samsung before the a trial takes place.
Google also called Apple's move to name just Samsung in its case a "strategic decision" to keep it off of the complaint and limit the rights it could have in the court room.
Apple isn't saying exactly what it's looking for in the Android code, which makes sense because the company doesn't want to tip its hand before going to trial.