A lawyer representing Google Inc. (NASDAQ:GOOG) in the ongoing patent infringement case between Apple Inc. (NASDAQ:AAPL) and Samsung Electronics Co. (KRX:005935) testified Tuesday that the search-engine giant has agreed to help defend Samsung by paying part of the damages if the Korean company loses the $2.2 billion lawsuit against the iPhone maker.
On Tuesday, a videotaped version of Google’s testimony, explaining terms of the company’s agreement with Samsung, was played to jurors after Apple’s lawyer presented a statement from Samsung in which the company said it was not seeking any third-party indemnification. Apple’s intention behind presenting the testimony was to show the jury that Samsung was not forthcoming about Google’s behind-the-scenes role, Bloomberg reported.
“This is an offer that Google made,” James Maccoun, the Google attorney, said. “I have no reason to believe that has changed.” Maccoun’s testimony referred to multiple emails between Google and Samsung between May 2012 and December 2012, revealing Google’s readiness to help Samsung in the trial, Re/code reported.
Google has a major stake in the ongoing legal battle between Samsung and Apple because Samsung’s smartphones run on Google’s Android operating system and most of Apple’s claims in the current trial are related to Android functions. And if Apple wins the lawsuit, it could seek a ban on the sale of Samsung phones in the U.S.
And while Google does not have a direct role in the trial, its presence has been felt in the courtroom from the outset when John Quinn, a lawyer for Samsung, characterized the lawsuit as “an attack on Android” in his opening statement earlier this month. He also said that the features Apple is claiming to own were actually developed by Google.
“We will prove to you that, yes, Apple is a great company but they don't own everything," Reuters quoted Quinn as saying at the time. “What this case is really about is Apple trying to limit consumer choice and to gain an unfair advantage over its one main competitor, Google's Android.”
While Apple is seeking $2.19 billion in damages for Samsung's alleged infringement of five of its patents, the Korea-based maker of Galaxy phones called an expert who testified on Monday that Apple should get only $38.4 million for its claims.