The case involves how much copyright protection should extend to the Java programming language, which Google used to design Android.
Oracle wants royalties for Google’s use of Java language, while Google argues those parts of Java should be free.
The US Supreme Court declined to end the case in Google’s favour and sent the case back to San Francisco federal court for further proceedings. In 2012, a jury found that Google infringed Oracle’s copyright but deadlocked on Google’s fair use defence.
US District Judge William Alsup reviewed a series of legal issues that must be resolved before a retrial on fair use and damages.
Google’s Android operating system is the world’s best-selling smartphone platform. Oracle sued Google five years ago and is seeking roughly $1 billion in copyright claims.
Alsup said his trial calendar likely precludes another trial until spring of next year. He also asked whether mediation would help the companies settle the case. Google attorney Robert Van Nest said he thought mediation would be “premature.”
Alsup ordered the companies into mediation “whether you like it or not.”