Google Denied in Latest Attempt to Bar Controversial E-Mail

Google has received other setback in its energetic efforts to keep a potentially damaging netmail out of the case Prophet filed over alleged Java patent violations in the Android raisable OS.

Google moldiness immediately turn complete the draft email aside Google engineer Tim Lindholm, as well as related versions, according to a opinion by U.S. Magistrate Judge Donna Ryu filed late Thursday in U.S. Territory Court for the Northern District of California.

"What we've actually been asked to do by [Google co-founders Larry Page and Sergey Brin] is to investigate what commercial alternatives survive to Java for Android and Chrome," Lindholm wrote in the Noble 2010 e-mail to Android chief Andy Rubin. "We've been all over a bunch of these, and conceive they all suck. We reason that we need to negotiate a license for Java nether the damage we need."

Oracle sued Google last class, alleging Android was in usurpation of a phone number of Java patents and copyrights. Google has denied any wrongdoing.

E-Send: Smoking Gun?

But Oracle's attorneys have seized upon the Lindholm e-mail, on the face of it seeing it as a smoking gun that could help convince a jury that Google willingly infringed on Java.

Google has denied the e-mail suggests anything of the kind, saying in a previous filing that IT "concerns an investigation made in anticipation of Oracle's lawsuit, shortly afterward Google educated of the patents that Prophet is asserting."

Still, for weeks Google has been trying to get the e-mail redacted, arguing it was subject to attorney-client perquisite and that in revealing it, Oracle had desecrated a protective ordinate.

The rationale for Ryu's determination was not immediately clear Friday, but those reasons will come in other filing soon, she wrote.

Ryu is overseeing uncovering matters in the example, with Adjudicate William Alsup serving as the principal presiding judge.

Appeal Promised

Google indicated during a hearing on the matter Thursday that it predetermined to appeal Ryu's decision to Alsup, according to her ruling.

"Defendant also appeared to believe that it need not bring out the Lindholm e-mails until Judge Alsup rules on the appeal," Ryu wrote. "Defendant is mistaken."

Google essential produce the e-mails at once, as fit As now create arrangements for Lindholm to give a deposition in the cause, Ryu ruled.

"The odds are farseeing against Judge Alsup overruling Judge Judge Ryu connected this unrivaled," software patent expert Florian Mueller, who has been pursuit the case closely, wrote in a web log Charles William Post Friday. "Judge Alsup himself has previously shown absolutely no understanding for Google's attempts to conquer this particular piece of evidence."

"But Google's lawyers may already be thinking of a possible appeal to the Court of Appeals for the Union soldier Circuit (CAFC) after losing the trial," Mueller added. "They might make the admissibility of the Lindholm e-ring mail Eastern Samoa evidence a cornerstone of a (post-trial) attract to the CAFC, and if that's what they want to do, they have to exhaust completely of their adjective options in the district romance, regardless how probable or, therein case, supposed that is going to lead to anything other than further irritation Judge Alsup."

Google did not immediately respond to a request for comment Friday.

Chris Kanaracus covers enterprise software program and general technology breaking news for The IDG News Service. Chris's e-mail address is Chris_Kanaracus@idg.com