Apple is fighting a Department of Justice intervention in its copyright suit against cybersecurity startup Corellium, according to recently unsealed court documents.
Last August, the Cupertino, California, giant sued Corellium for illegally copying iPhones in its software that produces “virtual” software versions of the famous device for security and functionality testing. The case took a turn in February, when Apple’s lawyers went on the offensive, demanding that Santander Bank and defense contractor L3Harris reveal how it used the tech.
The evidence has not yet been revealed, though in its court filing Friday, Apple counsel wrote that it “includes photographs Apple obtained” that “reveal highly sensitive information about sources and methods related to Apple’s internal investigation.” Apple said it was happy to hand the evidence to the government, but wanted assurances about its confidentiality, which it claimed the government had not provided.
“Apple and the court still do not know whether the government has an actual interest in this action,” Apple’s lawyers wrote on Friday in opposition to the DOJ motion for an indefinite stay of Wade’s deposition. “The government has provided no compelling reason, much less any evidence, to justify the unfair prejudice that would befall Apple as it prepares for dispositive motions and trial.”
One exhibit published Friday included emails between the Justice Department and Apple, providing the government’s reasoning for requiring swift action on getting access to the photos. “The bottom line is that we want to see those exhibits so we can use them to help assess our interests in the litigation,” wrote DOJ attorney Serena Orloff. “And we need them quickly because the court has not stayed its discovery directives. So while we would otherwise be happy to engage in a more extended meet-and-confer process, that seems difficult under the circumstances.”
What’s the mysterious evidence?
It remains unclear just what photos Apple has acquired or why the government has an interest in them.
According to Apple’s court filing, the judge in the case had previously asked the government why it hadn’t appeared in the case to discuss currently sealed “national security concerns” that Corellium had previously brought up regarding deposition. One source with knowledge of the case said they believed the government’s interest related to an ongoing criminal investigation not directly related to Corellium or Apple.
Neither Apple nor the DOJ had provided comment at the time of publication.
Corellium lawyer David Hecht couldn’t comment on the nature of the Apple photos, but said the iPhone maker was going “down a rabbit hole” in the case. “The truth is that Corellium and its employees have always done the right thing. They are patriots and they are respectful of this country's intellectual property laws,” Hecht added.
After previous tussles over encryption and unlocking of iPhones the DOJ claimed were vital to criminal and terrorist investigations, it looks like Apple is at yet another impasse with the American government.
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