Alphabet’s Google unit and Oracle Corp neglected to settle a long running copyright litigation over the Android operating system ahead of a retrial based on a court docket.

The case involves copyright protection should extend to the Java programming language. While Google claims it should have the ability to use Java without paying a fee, Oracle is seeking billions in royalties for Google’s use of some of the Java language.

On Google’s fair use defense, the jury deadlocked at trial in San Francisco federal court in 2012.

Google Chief Executive Sundar Pichai and Oracle CEO Safra Catz both attended, but discussions were unsuccessful, U.S. Magistrate Judge Paul Grewal wrote in a simple statement.