updated 05:26 pm EDT, Thu May 9, 2013
Google called itself a neutral third party, judge questions impartiality
Magistrage Judge Paul S. Grewal, the judge in charge of pre-trial discovery issues in the second Apple vs. Samsung patent trial, has ruled that Google must provide Apple search terms used in the unearthing of documents related to the case. Google is now compelled to "produce search terms and a list of custodians that Google used in response to requests for production Apple served on it." The seven-page ruling makes a point clear -- Apple wasn't seeking further discovery, it just expressed concern on the information Google pulled for discovery.
From the filing: "Apple at this time is not seeking to compel more complete production from Google, nor is it directly opposing Google's objections to the requests. Apple's request is far more basic: it wants to know how Google created the universe from which it produced documents. Using this information, Apple wants to evaluate the adequacy of Google's search, and if it finds that search wanting, it then will pursue other courses of action to obtain responsive discovery." Google protested the motion, claiming it believed it was a third-party in the primarily Android-related case.
Grewal heard the statements as part of the second US Apple v. Samsung lawsuit. The aftermath of the first case is still being disputed; a November 12 trial date has been set to recalculate some of the owed damages awarded by the first trial's jury.