Alsup ruled against him but nevertheless cautioned Oracle to be careful how it used such figures. "The idea that you can throw big numbers around in front of the jury and somehow jack up the damages award if there is one ... that's not going to be allowed," Alsup said.

The trial will be held in three phases: first to hear the copyright claims, then the patent claims, and then any damages Oracle might be awarded. Oracle is seeking about $1 billion in damages and an injunction to block Google from shipping any infringing code.

The lawsuit is seen by many as a for whether software APIs (application programming interfaces) can be subject to copyright.

The trial resumes at 8 a.m. Pacific Time Tuesday morning. It's being held at the U.S. District Court in San Francisco.