Executives from Google and Oracle are to meet in an effort to reach an out-of-court settlement in the Android-Java infringement case.
Oracle said in a supplemental court filing that this is the "last chance" to resolve the issue, and has requested the court to tell Google to send someone other than Andy Rubin, who is senior vice president of mobile at Google and the creator of Android.
"The court's 2 September 2011 order appropriately directs the parties to identify 'top corporate executives' to participate in the mediation," the filing reads.
"Oracle believes the prospects for a successful mediation will be far greater if Google's executive-level representative is a superior to Mr. Rubin, who is the architect of Google's Android strategy - the strategy that gives rise to this case.
"The suggestion in Google's filing today that Mr. Rubin and [Oracle president and chief financial officer] Ms. [Safra] Catz are comparable high-level executives merely because they both report to their respective CEOs ignores important differences in their roles."
Oracle attempted to back up its request by stating that Rubin is responsible only for Google's mobile strategy, and is not identified as a top corporate executive, while Catz is a member of the board of directors.
Oracle also pointed out that Rubin has already represented Google in several discussions between the parties, all of which have been unsuccessful.
"In light of the failure of these past attempts at resolution, Oracle believes it vital that both parties assign top corporate executives to the mediation. Oracle asks that the court direct Google to assign a corporate representative to the mediation effort who meets this standard," the filing added.
Oracle originally filed suit against Google in 2010, claiming that Android was infringing Java patents. If the final round of discussions proves unsuccessful, the trial will start on 31 October.
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