This analysis hints, and another [http://carlodaffara.conecta.it/?p=478] suggests more explicitly, that Google might be OK going forward if they recast/relicensed their Java implementation as a derivative of Sun's GPL'd OpenJDK.
So this fellow says that they should link Android to pieces from OpenJDK that cover those patents, such that it is then considered a derivate work.
IMHO that's a stupid suggestion.
Judges aren't stupid, Dalvik is not a derivate of OpenJDK in its current form.
And even if it would hold, pretending that it is would destroy their chances if Oracle pulls another batch of patents out of their arsenal that aren't covered by the implicit grant in OpenJDK.
It is also unclear whether Dalvik infringes or not. And this discussion is moot anyway ... Google will do what big companies are doing, settle or counter-sue.
What term of the GPL or other OpenJDK distribution would require them to use the whole thing?
Adding a few lines, or even just saying "we peeked at OpenJDK as a model, so Dalvik is a derivative work" means they'd be relying on the OpenJDK's GPL, and relicensing Dalvik as GPL as well. At that point, OpenJDK patent grants (either explicit or implied) could make further alleged infringement moot.
