While Google admitted on the second day of the case, yesterday, that it had used nine lines of code from Java, the company characterised this as a mistake and an inconsequential one at that.
It accused Oracle of wanting to capitalise on the success of Android which now powers around 300 million smartphones and tablets.
Google has taken the position that it needs no Java licence because neither the Java language nor its application programming interfaces represent intellectual property that is protectable under the law.
Oracle chief Larry Ellison, during testimony yesterday, admitted that his company had considered buying either Research in Motion or Palm, shortly before it finalised the deal with Sun, in order to develop a smartphone, according to the San Jose Mercury News.
He also admitted making a proposal to Google co-founder Larry Page and chief executive Eric Schmidt in 2010 about the use of some Java components in Android. Google turned down the proposal and the Oracle lawsuit was filed soon thereafter.
Since the case was filed in August 2010, five of the seven patents Oracle claimed were being violated have been overturned by the USPTO; Oracle is now claiming damages for violation of its copyright on APIs and the Java language.
Oracle used the first day of the case to present to the court its case which included a number of internal emails exchanged between Google executives.
This is an email which Google's lawyers at Keker & Van Nest fought to keep out of evidence but which US District Judge William Alsup of the San Francisco federal court ruled would stay on the public record.
Also presented was an email from Rubin to Google co-founder Larry Page on October 11, 2005, which read: "If Sun doesn't want to work with us, we have two options: 1) Abandon our work and adopt MSFT CLR VM and C# language -or - 2) Do Java anyway and defend our decision, perhaps making enemies along the way."
A third email made public was from Rubin to Google chief Eric Schmidt dated May 11, 2007 which read, in part: "I don't see how we can work together and not have it revert to arguments of control. I'm done with Sun (tail between my legs, you were right). They won't be happy when we release our stuff, but now we have a huge alignment with industry, and they are just beginning."
Oracle pointed out that part of Google's Android mobile strategy said that Android's technology could be used to embed Google into the fastest growing global consumer product, 675 million mobile phones, compared to 178 million PCs worldwide. The figures were for 2004.
On October 11, 2005, Rubin wrote to Page, saying in part: "Android is building a Java OS. We are making Java central to our solution because a) Java, as a programming language, has some advantages because it's the #1 choice for mobile development b) There exists documentation and tools c) carriers require managed code d) Java has a suitable security framework."
And it also presented part of a Google presentation headlined "Supporting Java is the best way to harness developers". The text below read, in part: "Fact...6M Java developers worldwide. Tools and documentation exist to support app development without the need to create a large developer services organization. There exist many legacy Java applications. The wireless industry has adopted Java, and the carriers require its support. Strategy: Leverage Java for its existing base of developers."
Oracle contends that Google copied Java API designs into Android APIs; based Android class libraries on Java API designs; and copied from Java code into Android code.
Oracle initially claimed billions in damages but these claims have been whittled down by the court.
The case continues today.