De Facto -vs- De Jure
Sun had the same fixation with control as Oracle seems to. The "you can't have it your way" attitude and rampand fragmentation killed Handset Java (J2ME/CLDC), while Android could only have flourished under a name other than Java. SavaJe was Sun's last attempt to de-fragment and wrest control of mobile Java but was to little and waay too late.
As with many pseudo-standards, evolution will trump lawsuits in the Java/Android world. Oracle can try and mount an offense of Android, but why? Revenue on mobile java has slowed to a trickle and Android phones are a runaway success. Oracle's best bet would be to swallow it's (considerable) pride and seek peace with ASF and welcome Android into the Java fold. Failure to do this will just make Oracle look like fussy old farts.