They're doing both - the issue is that the fraud issue either gets dropped (which Ryan doesn't want to do) or it blocks the second "generic" issue until resolve

They're doing both - the issue is that the fraud issue either gets dropped (which Ryan doesn't want to do) or it blocks the second "generic" issue until resolved. > Oracle waited until the deadline to file this motion, delaying their response to the real issue: whether “JavaScript” is a generic term. and > Oracle won’t even discuss whether “JavaScript” should remain a trademark until they’ve finished dragging out this fraud claim. > This legal maneuvering puts us in a difficult position: > 1. Agree to drop the fraud claim, letting them get away with misrepresenting their trademark renewal. > 2. Spend months fighting this procedural issue before even getting to the real debate.