Which actually also came up in the Oracle case: Google claimed to be building a compatible implementation of the Java API, but they couldn't come up with a single example of an app that worked on the JVM which could also run on Dalvik, or the other way around: they were pulling the exact same "embrace extend extinguish" stuff with the Java API that Microsoft had with Visual J++. In that case Sun sued Microsoft and won, leading people to cheer from the sidelines.