updated 09:43 am EST, Fri November 23, 2012
Apple on third promised deadline
Apple has failed to supply the iOS 6 source code as promised, Google-owned Motorola has complained to the US District Court for the Southern District of Florida. In the lawsuit it is pursuing against Apple, Motorola says it needs the code to perform infringement analysis. The company first made a request for source code on May 30th, and specific iOS 6 demands on August 7th, October 25th, and November 6th, the last tagged with a request that Apple provide a "date certain." The new complaint notes that Apple has repeatedly promised to provide the code, but missed September 21st and November 9th deadlines it set; another one was recently set for November 30th.
Motorola comments that two months have passed since iOS 6 was released, and that almost four months have lapsed since the launch of OS X Mountain Lion, which it's also seeking for analysis. If Motorola doesn't receive the iOS code sometime before December 14th -- with enough time to have experts scrutinize it -- it won't be able to add the iPhone 5 and/or iPad mini to a list of allegedly patent-infringing products.
FOSS Patents notes that Motorola and Google also met yesterday at the Munich Higher Regional Court for an appeals hearing. Apple won an injunction against Motorola in March, on the basis of a photo gallery page-flipping patent. The same patent was used to score Apple a preliminary Dutch injunction against Samsung in August last year.