Those attorneys have reviewed more than 11 million documents and have produced 3.7 million documents for this case, she said.

Zmrhal also explains, as Google has in previous filings with the court, that Google's e-mail service autosaves a draft of e-mails every 10 seconds to 60 seconds, saving those drafts. Google has argued that the e-mail in question was a draft and that the author hadn't yet written the words "Google confidential" at the top of the document or typed in the lawyers' names in the "to" field.

A declaration by the author of the e-mail, Google engineer Tim Lindholm, was also filed on Monday and he describes a similar scenario. "The documents constitute a communication to Google in-house attorney Ben Lee," he said.

Google has good reason to want to keep the e-mail from a jury.

"What we've actually been asked to do by Larry and Sergey is to investigate what technology alternatives exist to Java for Android and Chrome," Lindholm wrote in the e-mail. "We've been over a hundred of these and think they all suck. We conclude that we need to negotiate a license for Java." He was referring to Google co-founders Larry Page and Sergey Brin and wrote the e-mail after a meeting with Google attorneys and engineers to discuss Oracle's claims of patent infringement.