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Apple Sues Google Seeking Order to Comply With Subpoena

Apple Inc. asked a federal judge to order Google Inc. to comply with a subpoena issued in connection with its litigation involving the search engine company’s Motorola Mobility unit.

Apple said it’s seeking information to help its fight against Motorola Mobility in a patent-infringement lawsuit in federal court in Miami, according to the request filed yesterday in San Jose, California. In the Florida case, Apple claims that Motorola Mobility mobile phones and tablets infringe seven of its patents, according to the filing.

Google, based in Mountain View, California, made a $12.4 billion purchase of smartphone-maker Motorola Mobility Holdings last year. In August, Google said it would cut 4,000 Motorola Mobility jobs and close about a third of its 90 facilities. Arris Group Inc. agreed to buy the Motorola Home unit for $2.35 billion in December.

Apple’s filing cites that acquisition, arguing that it involved information about the valuation of Motorola Mobility’s patent portfolio that it licensed as part of the deal, according to the filing.

“Apple’s subpoena to Google concerns these issues and Google’s noncompliance impairs Apple’s ability to develop its infringement and damages case against Motorola,” the Cupertino, California-based company said in the filing.

A Google representative didn’t immediately respond to an e-mail seeking comment on Apple’s filing.

The case is Apple Inc. v. Google Inc., 13-cv-80019, U.S. District Court, Northern District of California (San Jose).

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