Bloomberg reports that Google and Motorola Mobility must turn over information to Apple about the 2005 acquisition and further development of the Android operating system. They must also disclose to Apple information surrounding Google's pending $12.5 billion acquisition of Motorola Mobility.
The order was made on Monday in the U.S. District Court for the Northern District of Illinois (Chicago) by U.S. Circuit Judge Richard A. Posner who is currently presiding over a court-level patent lawsuit filed by Apple in 2010 against Motorola Mobility.
Posner, usually a federal appeals court judge, seems to agree with Apple's attorneys in that the "Android/Motorola acquisition discovery is highly relevant to Apple's claims and defenses," granting Apple's motion for the requested information.
In a response to Apple's motion, Motorola argued to leave Google out of the lawsuit, as Google’s employees and documents are not within the 'possession, custody, or control' of Motorola. "Motorola cannot force Google to produce documents or witnesses over Google’s objections," lawyers for Motorola Mobility said.
Company lawyers also argued that Google's acquisition of Motorola and Android has nothing to do with any damages asserted in the case. Yet Google has agreed to comply with all discovery requests that seek information relevant to the case. Google will even provide witnesses for deposition, Motorola Mobility's attorneys said.
Back-to-back trials before separate juries will begin on June 11. The first trial will address Apple's six patent claims whereas the other trial will cover Motorola's three patent claims.