Schwartz has provided some of the strongest testimony for Google in the case so far. Appearing on the stand , Schwartz was asked by a Google attorney whether, as CEO of Sun, he had made a decision not to sue Google over its use of Java in Android.

"Yes," Schwartz replied. "We didn't feel we had any grounds."

Oracle acquired Sun early in 2010, gaining control of the Java programming language. It , claiming Android violated patents and copyrights it holds on Java. Google has denied wrongdoing, saying Android is a "clean room" Java implementation that doesn't violate Oracle's rights. The trial's first phase, which covers copyright liability, began in April and went to the jury this week.

Oracle asked the court to bar Google from referencing Schwartz's testimony during the trial's second and third phases, which will cover Oracle's patent claims and damages, respectively.

"Google's question called for a yes or no answer, but Mr. Schwartz in response volunteered an opinion as to what 'we' 'felt' about the grounds for pursuing litigation against Google over Android," its motion states.