The pair have said that they have failed to settle a long running copyright lawsuit over the Android operating system ahead of a retrial scheduled for May.
The case involves how much copyright protection should extend to the Java programming language, which Google used to design Android. Oracle is seeking billions in royalties for Google’s use of some of the Java language, while Google said that it should be allowed to use Java without paying a fee.
At a trial in San Francisco federal court in 2012, the jury was deadlocked on Google’s fair use defence. Both companies participated in a court-ordered settlement conference on Friday before a US magistrate in San Jose, California, in an attempt to stave off retrial next month.
Google Chief Executive Sundar Pichai and Oracle CEO Safra Catz both attended, but talks were unsuccessful, U.S. Magistrate Judge Paul Grewal wrote in a brief statement.
“After an earlier run at settling this case failed, the court observed that some cases just need to be tried. This case apparently needs to be tried twice.”