Google wants the courts to throw out Oracle's two-month-old Java suit against its open source Android operating system.

It filed its formal response to the suit late Monday, denying all seven of Oracle's patent infringement charges and asking that the copyright infringement claim be dismissed as vague and "legally deficient." Failing that it wants Oracle to clarify why it thinks it's got copyright claims, especially since Android is open source.

It wants a declaratory judgment of non-infringement and Oracle's patents declared invalid. It also wants costs.

The court will hear Google's position on November 18.

Oracle has charged Google with "knowingly, directly and repeatedly" violating its Java IP by using so-called "independently developed" Dalvik virtual machine widgetry to run apps on Android mobile devices. Google says Dalvik isn't dependent on Java; Android can convert apps written in any language into something Dalvik can read. It's not a Java VM or Java bytecode, it says.

Google used Dalvik instead of licensing Java Micro Edition. Oracle maintains Google has fragmented Java and modified the technology to be non-compliant with Java's write once run anywhere mantra.

Google told the court Oracle repeatedly pushed for Java's test compatibility kit (TCK) to be licensed under the same open source license as the rest of Java when Sun owned the widgetry and subscribed to the Java Community Process position that "TCK licenses must not be used to discriminate against or restrict compatible implementations of Java specifications by including field of use restrictions on the tested implementations or otherwise. Licenses containing such limitations do not meet the requirements of the JSPA, the agreement under which the JCP operates, and violate the expectations of the Java community that JCP specs can be openly implemented."

But when Oracle bought Sun it did an about-face to retain control over what's Java-compatible and generate licensing revenue.

It claims Oracle is attacking the "entire open source Java community with vague software patent claims."

Android, which is free, is now used on 90 devices from 20 manufacturers that would have to pay royalties if Oracle wins. Google said Tuesday that 200,000 Android devices are now being activated a day, which, one suspects, is one of the reasons Oracle was desperate to buy Sun and get its hands on Java.

Android is also being sued by Apple in a case against cell phone maker HTC and Microsoft in a case against Motorola.