Oracle is appealing a federal court judge’s decision striking down its bid for a retrial in a $9 billion copyright infringement suit against Google over the use of Java code in the Android operating system.

A jury in May had cleared Google of copyright infringement, upholding the company’s stand that its use of 37 Java APIs (application programming interfaces) in Android constituted “fair use” under the Copyright Act, which allows copying of creative works under certain circumstances. Judge William Alsup of the U.S. District Court for the Northern District of California entered a final judgment in favor of Google on June 8.

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