Thursday, November 14, 2013

Apple seeks to prevent Google from spying on its high-level negotiations with Qualcomm

A new document filed by Apple in its Qualcomm-related antisuit action against Google's Motorola Mobility in the Southern District of California doesn't require much explanation, but it is worth sharing. It's a heavily-redacted brief opposing a motion by Google to provide access to its own in-house counsel (four lawyers in total, some of them employed by Google itself and others by Motorola Mobility) to certain documents relating to negotiations between high-level Apple and Qualcomm executives (this short post continues below the document):

13-11-13 Apple Opposition to Motorola Motion for Exception by Florian Mueller

Apple describes Google's motion for access to those licensing-related documents as "hypocritical" given that Motorola previously denied Apple's in-house lawyers access to confidential information they needed in connection with this litigation. Apple argues that Google's (Motorola's) lawyers can obtain any information relevant to their decisions in connection with this litigation from their counsel.

Access to confidential licensing-related documents is a more sensitive issue than ever in light of the "Patentgate" scandal involving Samsung's attorneys' improper disclosures of secret Apple-Nokia license terms to Samsung executives. Google at least brings a motion for an exception from a protective order as opposed to sharing the information anyway. That's more than Samsung's lawyers (who also do a lot of work for Google against Apple and others, but did not bring the motion for an exception in the Southern District of California) can say.

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