Lawyers for the two sides discussed the matter in court Friday morning. Google's attorney, Robert Van Nest, indicated that Sun wanted to bring Schwartz back to the stand to testify in the patents phase of the trial. In his deposition testimony, Schwartz made a similar comment that Sun did not see a reason to sue Google on patent grounds, Van Nest said.
Google declined to comment today.
Meanwhile, Oracle has said it plans to bring back to the stand Tim Lindholm, a Google engineer who wrote an email that was seen as a key piece of evidence in the copyright infringement part of the trial. Oracle says Lindholm can give testimony relevant to the patents part of the case.
Van Nest told the court that if Oracle can bring Lindholm back and "parade him around" before the court, then Google should be able to bring Schwartz back.
The judge didn't seem keen to have either witness back. Both seem "peripheral" to the dispute over patents, he said Monday, and he asked the lawyers to try "make a deal" that neither witness be brought in to testify again.
The matter is likely to be discussed again at a future hearing.
A verdict in the copyright phase of the case could come as soon as Friday, but a question from a juror to the judge on Thursday raised the possibility that the jury could be deadlocked on the copyright claims.
(James Niccolai in San Francisco contributed to this story.)
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