A leading software patent expert claims to have found evidence that Google knowingly infringed on Oracle's Sun Microsystems patents when developing the Dalvik virtual machine used in Android.
Florian Müller, founder of the No Software Patents organisation, said in a blog post that an examination of the Java code used by Google reveals six files showing "the same pattern of direct copying" as those already presented by Oracle in its lawsuit.
The six files appear to contain code used in the most recent Android updates, Froyo 2.2 and Gingerbread 2.3, which makes them even more relevant than the ones Oracle presented as Exhibit J.
Müller said that he also found 37 files marked as 'proprietary/confidential' by Sun, and a copyright notice file that said 'do not distribute' on code used by Google, which he said could mean more trouble for the firm.
"Unless Google obtained a licence to that code (which is unlikely given the content and tone of those warnings) this constitutes another breach," he wrote.
Google has denied seven patent infringement charges related to the Dalvik virtual machine used in Android, and has also asked for the single copyright infringement claim to be dismissed.
Müller suggested that the new findings could be bad news for Google and will add weight to Oracle's case.
"In light of the evidence I found I believe some commentators grossly overrated Google's defence when they interpreted it as accusing Oracle of manipulating or manufacturing evidence," he said.
"It seems to me that Oracle has not even presented the tip of the iceberg in its amended complaint. The discovery process could be very fruitful for Oracle, and may become dreadful for Google."
V3.co.uk contacted Google, but the company said that it does not comment on ongoing litigation.
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