The closely watched case entails copyright protection should extend to the Java programming language. While Google claims it ought to have the ability to use Java without paying a fee, Oracle is seeking royalties for Google’s use of a number of the Java language.

In the year 2012, a jury found that Google infringed the copyright of Oracle but deadlocked on the fair use defense of Google.

Oracle has said in court filings the positions have just grown, given Android’s “radically increased market standing” compared to when the first trial happened.

The Android operating system of Google is the world’s best selling smartphone platform. Oracle is seeking about $1 billion in copyright claims and sued Google five years back.

Alsup on Thursday said another trial is probably precluded by his trial schedule until spring of next year. He also inquired whether arbitration would help the case settles. Google lawyer Robert Van Nest said he believed arbitration would be “early.”