Google Inc has asked the US Supreme Court to wade into contentious litigation against Oracle Corp, arguing that the high court must act to protect innovation in high tech.

Google's request, filed on Monday, seeks to overturn an appeals court ruling that found Oracle could copyright parts of the Java programming language, which Google used to design its Android smartphone operating system.

Representatives for Oracle and Google could not immediately comment on Wednesday. Google's Android is the world's bestselling smartphone platform. Oracle sued Google in 2010, claiming that Google had improperly incorporated parts of Java into Android. Oracle is seeking roughly $ 1 billion on its copyright claims.

The case examined whether computer language that connects programs - known as application programming interfaces, or APIs - can be copyrighted. At trial, Oracle said Google's Android trampled on its rights to the structure of 37 Java APIs.

A San Francisco federal judge had decided that Oracle could not claim copyright protection on parts of Java, but earlier this year the US Court of Appeals for the Federal Circuit in Washington disagreed.

In its filing this week, Google said the company would never been able to innovate had the Federal Circuit's reasoning been in place when the company was formed.