updated 09:34 pm EST, Wed January 30, 2013
Apple claims defense, counterclaim options hampered
In a court filing that Apple calls "not your typical motion," Apple is seeking Google be compelled to comply with a subpoena from August. Apple is expecting data from Google and Motorola to assist it in defending itself against patent claims by Google-owned Motorola Mobile as well as assisting it in its own claims against Motorola's set-top box group, now owned by Arris Group.
Apple's claim for compliance states that Google has "repeatedly attempted to resist discovery" and has still not provided a great deal of information to the court in Florida. Google has produced a "limited subset of documents" as requested by the subpoena, even after an amended protective order entered in the end of November. Google has not yet responded to the subpoena.
Apple believes that its defense and corresponding suit against Motorola are hampered by Google's noncompliance with the court orders. Motorola's complaint alleges that both the iPhone 4S and iCloud violate six of its patents. These include basics such as having a hidden external antenna, communicating filtered data, managing use, and a "pager status" sync patent also used in Motorola's numerous German legal actions against Apple and others.
All six Motorola claims target the iPhone 4S, while all but the antenna and use management patents are also leveled against iCloud. Apple's counter-complaint alleges that it has seven patents being violated by Motorola's mobile devices. Google's Android operating system is the underpinning of the devices alleged to violate Apple's intellectual property.