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Apple has known that OEMs control the build process for non-lead devices, but that Google controls the build process for lead devices, providing OEMs only with compiled binaries. (See supra § A.) Armed with this knowledge, Apple has sought and received lead-device source code from Google at least four times. (Id.) Despite this actual knowledge, in this action Apple engaged in a sham attempt to obtain from Samsung information it knew Samsung did not have, seeking delay in order to engineer an emergency.

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• Highlight to make it absolutely clear - Authored by: stegu on Monday, September 03 2012 @ 02:38 AM EDT