After nearly a year, Oracle (NYSE: ORCL) has decided to follow through on its promise to continue its patent infringement case against Android king Alphabet. Oracle asserted Android unlawfully used Java components in its world-leading mobile device operating system. On Friday evening Oracle attorneys delivered a 155-page document to a New York court appealing an earlier decision that there was no patent infringement.

It was last May  that a court ruled in favor of the Android developer stating its use of the Java application program interface (API) components constituted "fair use." That finding seemingly brought to a close a legal battle that had been waged for nearly six years -- but it was not to be. The disagreement is heading back to the courtroom.

At the time of last year's ruling, Oracle claimed the Android OS was developed by, "illegally copying core Java technology to rush into the mobile device market."

There's certainly a lot at stake should Oracle end up on the right side -- from its perspective that is -- of the appeals ruling.  As of 2016's third quarter, Android controlled 86.8% of the world's smartphone OS market. Its global dominance was largely behind Oracle suggesting  that the use of Java in Android was worth a mind-boggling $9.3 billion. No wonder the legal wheels are once again turning.


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Tim Brugger has no position in any stocks mentioned.

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