A US trade judge has told search engine outfit Google to sod off when it comes to a case between Microsoft and Motorola over patents allegedly used by Android. Google tried to block the testimony of a Microsoft expert witness Robert Stevenson claiming that he had seen the Android source code without permission.

Judge Theodore Essex denied Google's motion and said there was no basis to discern from Google's statement whether Google made a reasonable, good-faith effort to resolve the matter with Microsoft. The judge pointed out that only parties in a complaint are allowed to file a motion for sanctions like the one Google demanded.

German patent  analyst Florian Mueller said that Google's attempt to block Stevenson was no more than a speed bump in the case, which he sees as potentially harmful to Android if Microsoft wins. He said that Google was extremely afraid of the outcome of this particular ITC investigation.

If this investigation finds Motorola and, in fact, all Android devices to infringe various valid Microsoft patents, all of Google's hardware partners will have to pay royalties to Microsoft.