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Oracle v. Google ain't over yet -- Google vows it'll appeal to Supreme Court

The decision comes after a federal appeals court declined to rehear the case.

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abrar-al-heeti2
Abrar Al-Heeti Video producer / CNET
Abrar Al-Heeti is a video host and producer for CNET, with an interest in internet trends, entertainment, pop culture and digital accessibility. Before joining the video team, she was a writer for CNET's culture team. She graduated with bachelor's and master's degrees in journalism from the University of Illinois at Urbana-Champaign. Though Illinois is home, she now loves San Francisco -- steep inclines and all.
Expertise Abrar has spent her career at CNET breaking down the latest trends on TikTok, Twitter and Instagram, while also reporting on diversity and inclusion initiatives in Hollywood and Silicon Valley. Credentials
  • Named a Tech Media Trailblazer by the Consumer Technology Association in 2019, a winner of SPJ NorCal's Excellence in Journalism Awards in 2022 and has twice been a finalist in the LA Press Club's National Arts & Entertainment Journalism Awards.
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Abrar Al-Heeti
Google's campus next to headquarters in Mountain View, California

Google's campus next to headquarters in Mountain View, California.

 Stephen Shankland/CNET

Google isn't giving up on its longstanding Oracle lawsuit without a fight.

The search giant said Tuesday that it'll appeal the case to the Supreme Court, after a federal appeals court declined to rehear the case in which it determined the company's use of Java software from Oracle went beyond the bounds of fair use. Oracle had previously asked for $8.8 billion in damages. 

"We are disappointed that the Federal Circuit overturned the jury finding that Java is open and free for everyone," a Google spokeswoman said in a statement. "We will appeal to the Supreme Court to defend this principle against companies like Oracle, whose restrictive practices threaten to stifle the work of new generations of tech developers."

Oracle sued Google in 2010 over copyright and patent infringement allegations for its use of the Java programming language in its Android mobile operating system. Oracle obtained the rights to Java when it acquired Sun Microsystems. Google insists that under fair use laws it didn't need a license for the open-source software.

"We are pleased that the Federal Circuit upheld the well-reasoned panel decision," an Oracle spokeswoman said Tuesday. "We are now one step closer to putting our damages case before a jury."

In 2014, Google also petitioned the nation's highest court to overturn a previous appeals court ruling favoring Oracle. The Supreme Court rejected that request, sending it back to a federal court.  

First published Aug. 28, 2:09 p.m. PT.
Update, 3:28 p.m.: Adds comment from Oracle.