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Van Nest told the jury that after it became clear that Google wasn’t going to partner with Sun, Google spent hundreds of millions of dollars and devoted thousands of engineering hours to create the 15 million of computer code that guide Android. He said former Sun CEO Jonathan Schwartz will testify that he fully supported what Google did with Java.

It wasn’t until Ellison couldn’t figure out how Oracle could get into the smartphone market that the allegations of copyright and patent infringement surfaced, according to Van Nest.

“They want to share Android’s profits without having done a thing to bring that about,” Van Nest said.