Oracle this week requested permission to depose four current and former Google execs in its ongoing Android patent battle, including Google chief Larry Page.
In a Thursday filing with a California district court, Oracle said Page and the other execs will provide "relevant testimony" that cannot be obtained from other witnesses.
"Mr. Page is Google's CEO, and he reportedly made the decision to acquire Android, Inc., and thereby develop and launch the platform that Oracle now contends infringes its patents and copyrights," according to the filing. "Mr. Page also participated in negotiations that took place between Sun and Google regarding a Java license for Android and in subsequent communications with Oracle's CEO, Larry Ellison (whose deposition Google has requested)."
Page could also shed light on a "number of other key issues in this case as well, including the value of the infringement to Google," Oracle said.
Oracle also wants to depose former Googlers Dipchand Nishar and Bob Lee, both of whom worked on Android, and Tim Lindholm, an Android software engineer who previously worked for Sun Microsystems.
In the filing, Oracle claims Google does not want to offer up Page because Oracle has already deposed Andy Rubin, Google's senior vice president of mobile.
"However, Mr. Page has information that Mr. Rubin cannot have known and admittedly does not know," Oracle argued. "Mr. Page reportedly made the decision to acquire Android, Inc., and Mr. Rubin cannot possibly know what Google was considering at that time given that Mr. Rubin was not even a Google employee at that time."
When asked about discussions with Sun and Oracle about Java and Android, Rubin reportedly said he did not know a lot of details. "Mr. Page, of course, would know," Oracle insisted.
Furthermore, "Google's objection to the deposition of Mr. Page is manifestly inconsistent with its own deposition notice to Oracle's CEO, Mr. Ellison," Oracle said.
Oracle included Google's response in its filing, and the search giant accused Oracle of dragging its feet on depositions. Oracle has had since November 2010 to depose people, but "Oracle failed to get cracking," Google said. The company just "wants to cram four additional and unnecessary depositions into an already-crowded schedule [and] should not be permitted to do so," Google said.
Google argued that Rubin "led Google's negotiations with Sun concerning Java licensing" and is an appropriate witness in this case.
The case dates back to August 2010, when Oracle sued Google, arguing that the Dalvik virtual machine used within Android, plus its software development kit, infringed on its patents, including those found in the Java programming language from Oracle subsidiary Sun Microsystems. Sun also claimed that Google has infringed its trademarks, including code and documentation.
In response, Google presented several defenses as to why Oracle's claims should be overturned, including that the patents were invalid and unenforceable, and that Google had not infringed them.