Google, as expected, has put in its papers asking the court to declare a mistrial because the jury only decided it infringed 37 Java APIs in building Android and didn't decide whether that infringement constituted so-called "fair use" of the code.
So it wants a whole new trial "as to both infringement and fair use as to Oracle's claim that Google is liable for infringement of its copyright on the structure, sequence, and organization of the 37 API packages."
Google claims the two issues - infringement and fair use - are "opposite sides of the same coin" and "indivisible." It's standing on its Seventh Amendment rights to trial by jury and a unanimous decision on liability, using its "indivisible" contention to oppose a partial retrial in front of a new jury.
Oracle has yet to reply to Google's "indivisible" argument but it wants the judge to decide the fair use question in one of those handy judgments as a matter of law (JMOLs) that both Google and Oracle asked for before.
FOSS Patents, which first reported on Google's mistrial motion, says Oracle argues that "presenting the case to a second jury would be expensive, time-consuming, and duplicative, and may impose a substantial additional delay."
Oracle is also willing, the blog says, to let the judge decide the penalty phase too. It seems to think that the remedies for Google's rangeCheck infringement could be sweeter than the judge has previously suggested and could result in disgorgement.
Seems those few lines of code Google poached were "called 2,600 times just in powering on the device or starting the emulator: ‘a pretty big number for the number of calls to this function.'"