Post # 23: Apple's argument against Google neutrality

In my previous blog post, I spoke about Apple's frustration over Googles ambiguous association with legal proceeding, especially in relation to Samsung. In this post I will be concerned with what action they took and with what evidence they used to dispute the assertion that Google is simply a 'third party' bystander.

The argument rested on 3 key points:

1) Apple claims that Google involvement and collaboration with Samsung regarding the subject matter lawsuits is far too deep. This is primarily because Google is the primary co-creator of the materials in question, both hardware and software. For example, Google not only developed Android but also collaborated jointly with Samsung in the development of the Galaxy Nexus phone, which has been accused of patent infringement.

2) Secondly, Apple argues that Google purposely chose to involve itself within litigation by providing declarations from their engineers to support Samsung's legal stance. These kinds of declarations can take the form of a written statement submitted to a court in which the writer swears 'under penalty of perjury' that the contents are true. Declarations are usually implemented in legal proceeding to satisfy and replace the need of a live testimony when the court is asked to rule on a motion. Although declarations are specifically factual in nature, and are supposed to be without bias, Apple still maintains that the very act of submitting these declarations shows heavy involvement within legal proceedings. Similarly, it is indicative of a sense of comradery between Google and Samsung.


3) Thirdly, in connection with Apple's Subpoenas (A writ ordering a person to attend a court), Google had engaged with a law firm and the lawyer that was representative of Samsung’s legal proceedings. Furthermore, the company then used the same lawyer Quinn Emanuel that represented Samsung.