Database giant Oracle search service provider Google has been recalled to court for allegedly using the Java application programming interface illegally on the Android operating system. Oracle has appealed to the Federal U.S. Circuit Court of Appeals, disagreeing with a U.S. district judge’s ruling in June last year that Google’s use of Java was legal.

In the petition filed on Monday, the plaintiffs claim that the 2012 judgment of Judge William Alsap in San Francisco was incorrect. But Java’s copyright owner demanded billions of dollars in damages from Google. The judge then said that Oracle could not claim so much money for the process that Google used Java in Android.

Android maker Google declined to comment on the latest lawsuit. But according to last year’s legal documents, what they’re trying to say is that the 36 Java-based APIs used on Android do not infringe on Oracle’s copyright. Google argued that “since Java is an open source programming language, it is not possible to copyright any API encoded in it.”

With the acquisition of Sun Microsystems in January 2010, ownership of Java passed to Oracle.

Android is an open source project of Google which is currently being used as the most used smart device operating system in the world with popularity in mobile and tablet. If Google loses to Oracle, it could face billions of dollars in fines, as well as Android app developers, who may need to change their tactics.