Apple: Google's Rubin could see patented code while at Apple
updated 06:25 pm EDT, Fri September 2, 2011
Apple says Rubin mimicked patented code in Android
Apple in a response to HTC's review request for a loss at the ITC directly accused Google's mobile VP Andy Rubin of poaching ideas for Android while he worked at Apple. During his tenure as an engineer at the company during the early 1990s, he supposedly worked under those who invented one of the real-time programming interfaces that HTC was accused of violating. The iPhone maker admitted it wasn't directly relevant to the review but said it was proof of HTC altering the truth, such as when it said that the underpinnings only ever began at General Magic or Danger, where he co-created the Sidekick.
"That HTC felt compelled to distort this history is illustrative of the liberties it takes in attacking the [Administrative Law Judge's ruling] and the substantial evidence supporting the ALJ's findings," Apple's attorneys wrote.
The challenge puts the burden of proof on Apple if HTC contests the claim. However, the judge managing Oracle's lawsuit against Google has singled out Rubin, pointing to e-mail from 2005 where the executive had shown he was willing to risk legal trouble to use Java if Sun hadn't allowed its use in Android.
A claim might not be as easy to support given that Apple might need to trace connections. HTC, Google, and Rubin are likely to refute the claims. Apple hasn't sued Google directly and isn't expected to change that unless Google closes its deal with Motorola, but its move will provoke a hostile response. [via Florian Mueller]
