Google has charged Microsoft of leaking “highly confidential source code” to an expert witness in a Motorola lawsuit, and has insisted that the USITC block the witness from taking the stand. Google’s motion of sanction says Microsoft told Dr. Robert Stevenson of Google secrets without first clearing that exposure with the search giant, as per terms the two companies had approved on. Microsoft is looking to use Dr. Stevenson’s expert testimony in its copyright case against Motorola, claiming that the Android handsets of the company violate Microsoft technologies.
Google said, “The protective order governing confidentiality in this investigation explicitly requires that Microsoft disclose to Google any consultant or expert seeking access to Google confidential business information or highly confidential source code before [Google’s emphasis] allowing a consultant or expert to review such information so that Google has an opportunity to object prior to disclosure.”
Google had provided internal details to Microsoft as part of an earlier subpoena having discussed a contract that its competitor would have to “independently review and approve outside experts and consultants” prior to them having access. Google now claims that Microsoft disregarded that contract and “does not dispute” having exposed Dr. Stevenson the source code, with the search company’s legal group only realizing the admission had already been granted when Microsoft applied for authorization to employ basis code printouts as part of the statement.
Google also wants the ITC to poke Microsoft into giving written confirmation that it has not violated any other agreements in a same manner together with stopping the witness from testifying. It also requests that a choice to block testimony should be arrived at on or before August 15, given the closeness to the evidentiary hearing.
The ITC agreed to examine Microsoft’s complaints concerning Motorola back in November last year. Microsoft claims that Motorola’s Android range infringes on technologies as well as synchronization of contacts, calendars, and email; how scheduled emails are handled; and how applications are informed of changes in signal strength and battery power.