Google LLC v. Oracle America, Inc.


Question(s) Presented

1. “Whether copyright protection extends to a software interface.”

2. “Whether, as the jury found, petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use.”


“Given the rapidly changing technological, economic, and business-related circumstances, we believe we should not answer more than is necessary to resolve the parties’ dispute. We shall assume, but purely for argument’s sake, that the entire Sun Java API falls within the definition of that which can be copyrighted. We shall ask instead whether Google’s use of part of that API was a ‘fair use.’ Unlike the Federal Circuit, we conclude that it was.”

Proceedings and Orders
October 23, 2018
Application (18A417) granted by The Chief Justice extending the time to file until January 25, 2019.
February 6, 2019
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
February 15, 2019
Blanket Consent filed by Petitioner, Google LLC.
February 25, 2019
Amicus brief of Computer & Communications Industry Association not accepted for filing. (February 25, 2019) (Corrected electronic filing submitted)
February 25, 2019
Amicus brief of Red Hat, Inc. not accepted for filing. (March 11, 2019)(Corrected version submitted).
April 10, 2019
DISTRIBUTED for Conference of 4/26/2019.
April 29, 2019
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
October 16, 2019
DISTRIBUTED for Conference of 11/1/2019.
November 4, 2019
DISTRIBUTED for Conference of 11/8/2019.
November 12, 2019
DISTRIBUTED for Conference of 11/15/2019.
November 15, 2019
Motion for leave to file amici brief filed by 78 Computer Scientists GRANTED.
November 15, 2019
Petition GRANTED.
December 5, 2019
The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
December 10, 2019
Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits is extended to and including January 6, 2020. The time to file respondent's brief on the merits is extended to and including February 12, 2020.
December 16, 2019
Consent to the filing of amicus briefs received from counsel for Google LLC submitted.
January 31, 2020
SET FOR ARGUMENT on Tuesday, March 24, 2020.
February 19, 2020
Record requested from the U.S.C.A. 11th Circuit.
February 19, 2020
February 26, 2020
March 2, 2020
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
March 3, 2020
The record from the U.S.C.A. Federal Circuit is electronic and located on PACER.
March 3, 2020
The record is available on PACER.
March 10, 2020
Confidential record material from the USCA Federal Circuit electronically received.
March 16, 2020
April 13, 2020
Argument to be rescheduled for the October Term 2020.
May 4, 2020
The parties are directed to file supplemental letter briefs addressing the appropriate standard of review for the second question presented, including but not limited to the implications of the Seventh Amendment, if any, on that standard. The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Friday, August 7, 2020.
July 13, 2020
SET FOR ARGUMENT on Wednesday, October 7, 2020.
April 5, 2021
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined. Barrett, J., took no part in the consideration or decision of the case.
May 7, 2021