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