A US district judge has ruled that there is no hope of reaching a settlement between Oracle and Google in their dispute over the use of Java technology in the Android operating system and has ordered the matter to proceed to a trial.
Judge Paul Grewal had previously ordered Oracle president Safra Catz and Google's head of Android, Andy Rubin, to engage in talks aimed at thrashing out an agreement on the use of the Java technology in Android.
“Despite their diligent efforts and those of their able counsel, the parties have reached an irreconcilable impasse in their settlement discussions,” he said in his ruling.
"The parties should instead direct their entire attention to the preparation of their trial presentations. Good luck."
The dispute concerns the use of Java technology in Google's Android operating system. The Dalvik virtual machine is used to run apps on Android devices.
Google has always maintained that it had been able to freely use the software, as it was open source.
For its part, Oracle insists that it is a development on top of a standard Java runtime which is subject to license restrictions.
Oracle obtained the rights to Java when it acquired Sun Microsystems in 2009.
Oracle declined to comment further on the case. Google has not responded to request for comment at the time of publication.
Last week, it emerged that Oracle had rejected a settlement offer from Google, which would have seen it paid $3m and receive a share of Android future revenues.
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