Computerworld - A U.S. trade judge has rejected Google's move to block the testimony of a Microsoft expert witness in the latter's 10-month dispute with Motorola over patents allegedly used by Android.
On Monday, U.S. International Trade Commission (ITC) Judge Theodore Essex denied Google's motion to prevent Robert Stevenson, an expert hired by Microsoft, from testifying about the Android source code at an upcoming hearing.
Last week, Google accused Microsoft of violating a confidentiality agreement struck between Microsoft, Motorola and Google in the ITC case.
Essex rejected Google's motion.
"The ALJ [Administrative Law Judge] finds no basis to discern from Google's statement whether Google made a reasonable, good-faith effort to resolve the matter with Microsoft," Essex wrote in his ruling.Essex also pointed out that only parties in a complaint -- in this case Microsoft and Motorola -- are allowed to file a motion for sanctions like the one Google demanded. "Google has not set forth any legal support for the proposition that a non-party may move for sanctions," wrote Essex.
Google's complaint centered around Stevenson, who Microsoft allowed to review Android source code. Google said it had not been told beforehand that Stevenson would see what it called "confidential" code so "highly proprietary...that Google does not even share with its partners, such as Motorola." read more
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