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.
> 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.