According to Computerworld, US District Judge William Alsup put a spanner in the works by ruling that Android resulted in a net loss for the company in every quarter of 2010, despite generating roughly $97.7 million in revenue for the first quarter of that year.
The fact that Google loses money on Android would seriously damage any level of damages owed.
A jury is deliberating on Oracle’s allegation that Google violated its copyright to parts of the Java.
A juror sent out a note asking what would happen if they can’t reach a unanimous verdict. Alsup sent the jury home for the day.
If the jury does become deadlocked, Alsup said that they might move on to hear evidence in the patent phase of the case, and another jury would have to resolve the copyright questions on a retrial.
Meanwhile Alsup quizzed attorneys for both companies about some of the Android financial information submitted in the case.
Alsup had sealed an internal 2011 Google document but read aloud certain portions of it in court.
While he did not disclose the specific loss figures for Android, he said it lost money in each quarter of 2010 which added up to a big loss for the whole year.
Oracle insists that Google should not be able to deduct certain Android expenses for the purposes of copyright damages in the case.