Oracle has followed up words with actions, filing papers on Wednesday US time to appeal the fair use jury verdict which went Google's way in May, over the latter's use of 37 Java APIs in Android.
The case will come before the US Court of Appeals for the Federal Circuit, the court that originally found that APIs can be copyrighted, the tech website Ars Technica reported.
The case has been going since 2010 in one form or another. Oracle sued Google in 2010 shortly after it purchased Sun Microsystems and became the owner of Java, claiming that the search engine company had violated its copyright and patents.
That case ended in 2012 with Google being largely the victor. Judge William Alsup ruled that APIs could not be copyrighted.
{loadposition sam08}But an appeal gave Oracle what it wanted: a ruling that APIs can be copyrighted. This ruling has put developers at risk, as they could be sued for using APIs that they could use freely prior to the trial.
In a second trial that ended in May, a jury found that Google's use of 37 Java APIs in its Android mobile operating system was covered under fair use.
Oracle was extremely unhappy with this verdict, with the company's general counsel Dorian Daley saying in a statement:
"We strongly believe that Google developed Android by illegally copying core Java technology to rush into the mobile device market.
"Oracle brought this lawsuit to put a stop to Google’s illegal behaviour. We believe there are numerous grounds for appeal and we plan to bring this case back to the Federal Circuit on appeal."
The appeal is unlikely to take place this year.