The latest dispute over the evidence gathering which sought Android source code is because of the case filed by Apple, last year, against Samsung for patent infringement. The District Judge Lucy Koh awarded Apple $1.05 billion, finding South Korea-based Samsung infringed six of the iPhone maker’s mobile-device patents. However, she said it was the jury’s error and lowered the damages to $639.4 million and ordered a new trial in November for some of the products at issue in that case.

Matthew Warren, a lawyer who represents both the technology giants, Google and Samsung, told Grewal that Apple made a “strategic decision” in filing its case “to keep Google off the complaint.” As a third-party to the case, Warren said, Google doesn’t have the same legal rights that Apple and Samsung have, in particular with respect to “reciprocal discovery.”

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