Oracle is "using autosaves of a clearly privileged document to create a false impression that these are different documents and that none of them was, or was meant to be, communicated to a lawyer," Google said.
Moreover, the email offers no proof that Google willfully infringed on the Java patents, according to Google. Rather, it "concerns an investigation made in anticipation of Oracle's lawsuit, shortly after Google learned of the patents that Oracle is asserting."
Google is asking Alsup for a chance to prove that all versions of the email are privileged, by showing him "what the autosaves are and how they came into being" and the final version of the email for a basis of comparison.
Lindholm would also submit a declaration explaining that he "prepared the email at the behest of and in coordination with Google's lawyers, and that the email constituted a privileged communication to them in anticipation of this lawsuit," Google said.
If Alsup's track record in the case is any guide, he may rule on Google's request quickly.
Oracle sued Google in August 2010, alleging that Android violated a number of patents held by Oracle on the Java programming language, which it acquired through the purchase of Sun Microsystems. Google has denied any wrongdoing.
A trial has been scheduled for Oct. 31, but Alsup has indicated he'd like the companies to settle the matter before then.
Chris Kanaracus covers enterprise software and general technology breaking news for The IDG News Service. Chris's email address is Chris_Kanaracus@idg.com.