Google demands Oracle Android retrial

The Google and Oracle case rages on, with the judge trying to move things swiftly along by moving to the second phase of the trial, which turns it focus towards any patent infringement. Google has a different plan: demand a new trial. The search company brought a formal motion last night to start a new trial regarding the alleged API infringement.

Oracle responded to the questions that the judge asked previously, but has yet to issue a formal response to Google's new motion. The move by Google does shed light on the strategy that both parties are hoping to utilize: Google will try start a new trial so it can revisit the infringement verdict that it lost, while Oracle will try and plow ahead to attain a fair use verdict.

The jury in the case found that Google did infringement on Oracle's API packages, but was undecided on if Google managed to provide a fair use argument. It leaves Google on the back foot, putting pressure on an affirmative defense. If the jury is convinced that using Java technology falls under fair use, then the copyright infringement verdict will be rendered null and void.

Fair use is expected to be the topic in the third stage of the trial, which may not come for some time. The case has just entered the second stage, turning attention to patents that may have been infringed. Even if Google is found guilty in the patent stage, it possibly won't have the blow that Oracle was hoping for at the start of the trial.

[via FOSS Patents]