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Google’s Motion to Disallow Microsoft Witness Refuted by Judge

An International Trade Commission judge has denied Google’s motion to bar one of Microsoft’s witnesses from testifying in court in an on-going lawsuit between Microsoft and Motorola.

Last week, search engine giant Google had filed a motion in court, asking it to bar a witness produced by Microsoft, claiming that the company had allowed the witness to view Google’s Android source code without asking for Google’s permission.

The company cited a confidentiality agreement between itself, Microsoft and Motorola, claiming that Microsoft had breached the agreement by letting the witness view the source code, something which Google does not even share with its partners.

US ITC judge Theodore Essex denied the request filed by Google because there was ‘no basis to discern from Google's statement whether Google made a reasonable, good-faith effort to resolve the matter with Microsoft’.

Under the rules of the case, Google was first supposed to try and solve the matter with Microsoft before filing a request in the court. Google claimed that it had emailed Microsoft about the issue but received no reply.

The administrative law judge said in his ruling that Google did not attach the email it had sent to Microsoft and claimed that it was not clear whether Google notified Microsoft about its intent to file a request to bar its witness.