Oracle’s dispute with Google over Java APIs is coming back to San Francisco for a third trial.

The U.S. Court of Appeals for the Federal Circuit ruled Tuesday that no reasonable jury could have found Google’s unlicensed copying of Java APIs into its Android operating system was a fair use. The court once again remanded the case to U.S. District Judge William Alsup of the Northern District of California, this time for a damages trial where Google could be on the hook for billions of dollars.

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