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Google LLC v. Oracle America, Inc.

 
DOCKET NO.
18-956
OP. BELOW
Fed. Cir.
OPINION
April 5, 2021
SUBJECT
Copyright
AUTHOR
Breyer

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.”

Holding

“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.”

Posts About this Case

Date
Proceedings and Orders
October 19, 2018
Application (18A417) to extend the time to file a petition for a writ of certiorari from November 26, 2018 to January 25, 2019, submitted to The Chief Justice.
October 23, 2018
Application (18A417) granted by The Chief Justice extending the time to file until January 25, 2019.
January 24, 2019
Petition for a writ of certiorari filed. (Response due February 25, 2019)
February 5, 2019
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
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 22, 2019
Brief amicus curiae of Developers Alliance filed.
February 22, 2019
Brief amici curiae of Eight Intellectual Property Scholars filed.
February 25, 2019
Amicus brief of Computer & Communications Industry Association not accepted for filing. (February 25, 2019) (Corrected electronic filing submitted)
February 25, 2019
Brief amicus curiae of Microsoft Corporation filed.
February 25, 2019
Brief amici curiae of R Street Institute and Public Knowledge filed.
February 25, 2019
Brief amicus curiae of Electronic Frontier Foundation filed.
February 25, 2019
Brief amici curiae of Professors Peter S. Menell and David Nimmer filed.
February 25, 2019
Brief amici curiae of Sixty Five Intellectual Property Scholars filed.
February 25, 2019
Brief amicus curiae of Computer & Communications Industry Association filed.
February 25, 2019
Motion for leave to file amici brief filed by 78 Computer Scientists.
February 25, 2019
Brief amicus curiae of American Antitrust Institute filed.
February 25, 2019
Brief amicus curiae of Engine Advocacy filed.
February 25, 2019
Brief amici curiae of Python Software Foundation and Tidelift filed.
February 25, 2019
Brief amici curiae of Software Innovators, Startups, and Investors filed.
February 25, 2019
Brief amici curiae of Mozilla Corp., et al. filed.
February 25, 2019
Amicus brief of Red Hat, Inc. not accepted for filing. (March 11, 2019)(Corrected version submitted).
February 25, 2019
Brief amicus curiae of Red Hat, Inc. filed.(3/11/2019)
March 27, 2019
Brief of respondent Oracle America, Inc. in opposition filed.
April 10, 2019
DISTRIBUTED for Conference of 4/26/2019.
April 10, 2019
Reply of petitioner Google LLC, filed. (Distributed)
April 29, 2019
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
September 27, 2019
Brief amicus curiae of United States filed.
October 16, 2019
DISTRIBUTED for Conference of 11/1/2019.
October 16, 2019
Supplemental brief of petitioner Google LLC filed. (Distributed)
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.
November 22, 2019
Unopposed Motion to File a Deferred Joint Appendix Under Rule 26.4 of Oracle America, Inc. submitted.
December 5, 2019
The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
December 5, 2019
Motion for an extension of time to file the briefs on the merits filed.
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 6, 2020
Brief of Google LLC submitted.
January 7, 2020
Brief amici curiae of Civ Pro, IP & Legal History Professors filed.
January 8, 2020
Amicus brief of Glynn Lunney submitted.
January 10, 2020
Brief amicus curiae of Michael Risch filed.
January 10, 2020
Brief amici curiae of Center for Democracy and Technology, et al. filed.
January 10, 2020
Brief amici curiae of Professors Peter S. Menell, et al. filed.
January 10, 2020
Brief amici curiae of Copyright Scholars filed.
January 13, 2020
Brief amicus curiae of Rimini Street, Inc. filed.
January 13, 2020
Brief amici curiae of The Robert Rauschenberg Foundation et al. in support of neither party filed.
January 13, 2020
Brief amici curiae of Computer & Communications Industry Association and Internet Association filed.
January 13, 2020
Brief amicus curiae of Developers Alliance filed.
January 13, 2020
Brief amicus curiae of Microsoft Corporation filed.
January 13, 2020
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
January 13, 2020
Brief amici curiae of International Business Machines Corp. et al. filed.
January 13, 2020
Brief amici curiae of Small, Medium, and Open Source Technology Organizations filed.
January 13, 2020
Brief amici curiae of Auto Care Association and Static Control Components, Inc. filed.
January 13, 2020
Brief amici curiae of Python Software Foundation, et al. filed.
January 13, 2020
Amicus brief of Empirical Legal Researchers submitted.
January 13, 2020
Amicus brief of Electronic Frontier Foundation submitted.
January 13, 2020
Amicus brief of Software Innovators, Startups, and Investors submitted.
January 13, 2020
Amicus brief of Seventy Two Intellectual Property Scholars submitted.
January 13, 2020
Amicus brief of Eighty Three Computer Scientists submitted.
January 13, 2020
Amicus brief of R Street Institute and Public Knowledge submitted.
January 13, 2020
Amicus brief of Engine Advocacy submitted.
January 13, 2020
Amicus brief of American Antitrust Institute submitted.
January 13, 2020
Amicus brief of Retail Litigation Center, Inc. submitted.
January 13, 2020
Amicus brief of The American Library Association, The Association Of Research Libraries, The Association Of College And Research Libraries, And The Software Preservation Network submitted.
January 13, 2020
Amicus brief of Software and System Developers and Engineers for United States Government Agencies submitted.
January 14, 2020
Amicus brief of Software Freedom Law Center submitted to the Court.
January 17, 2020
Amicus brief of Software Freedom Law Center submitted.
January 31, 2020
SET FOR ARGUMENT on Tuesday, March 24, 2020.
February 12, 2020
Brief of Oracle America, Inc. submitted.
February 13, 2020
Amicus brief of Interdisciplinary Research Team on Programmer Creativity submitted.
February 14, 2020
Amicus brief of The American Conservative Union Foundation submitted.
February 18, 2020
Brief amicus curiae of Internet Accountability Project filed.
February 18, 2020
Amicus brief of Copyright Thought Leaders submitted.
February 18, 2020
Amicus brief of Helienne Lindvall, et al. submitted.
February 19, 2020
Record requested from the U.S.C.A. 11th Circuit.
February 19, 2020
CIRCULATED
February 19, 2020
Brief amicus curiae of Synopsys, Inc. filed. (Distributed)
February 19, 2020
Amicus brief of 25 Professors of Journalism and Media Law submitted.
February 19, 2020
Amicus brief of The Association of American Publishers, Inc. submitted.
February 19, 2020
Amicus brief of Ten Creators' Rights Organizations submitted.
February 19, 2020
Amicus brief of Committee for Justice submitted.
February 19, 2020
Amicus brief of Professor and Former CONTU Member Arthur R. Miller submitted.
February 19, 2020
Amicus brief of American Legislative Exchange Council submitted.
February 19, 2020
Amicus brief of Ralph Oman submitted.
February 19, 2020
Amicus brief of NEWS MEDIA ALLIANCE submitted.
February 19, 2020
Amicus brief of Dolby Labratories, Inc. submitted.
February 19, 2020
Amicus brief of Motion Picture Association, Inc. submitted.
February 19, 2020
Amicus brief of USTelecom – The Broadband Association submitted.
February 19, 2020
Amicus brief of Joseph M. Tucci and Paul T. Dacier submitted.
February 19, 2020
Amicus brief of Professor Eugene H. Spafford, PH.D., Professor Zhi Ding, PH.D., Professor Emeritus Lee A. Hollar., PH.D., Professor Adam Porter, PH.D., and Mr. Peter Kent, BSC, submitted.
February 19, 2020
Amicus brief of Former Congressmen submitted.
February 19, 2020
Amicus brief of Consumers' Research submitted.
February 19, 2020
Amicus brief of Hudson Institute submitted.
February 19, 2020
Amicus brief of SAS Institute Inc. submitted.
February 19, 2020
Amicus brief of Former SUN Executive Scott McNealy submitted.
February 19, 2020
Amicus brief of Alliance of U.S. Startups and Inventors for Jobs ("USIJ") submitted.
February 19, 2020
Amicus brief of Nine Professors and Scholars on Intellectual Property Law submitted.
February 19, 2020
Amicus brief of Copyright Alliance submitted.
February 19, 2020
Amicus brief of Digital Justice Foundation submitted.
February 19, 2020
Amicus brief of Center for Medicine in the Public Interest submitted.
February 19, 2020
Amicus brief of The Recording Industry Association of America, The National Music Publisher's Association, The American Association of Independent Music, The Nashville Songwriters Association International, Songwriters of North America, The American Society of Composers, Authors and Publishers, Music Artists Coalition, The Association of Independent Music Publishers submitted.
February 19, 2020
Amicus brief of The Mathworks, Inc. submitted.
February 19, 2020
Amicus brief of United States submitted.
February 19, 2020
Motion of United States for leave to participate in oral argument and for divided argument submitted.
February 26, 2020
Joint Appendix submitted.
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 11, 2020
Reply of petitioner Google LLC filed. (Distributed)
March 16, 2020
ORAL ARGUMENT POSTPONED.
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.
August 7, 2020
Supplemental Brief of Oracle America, Inc. submitted.
August 7, 2020
Supplemental Brief of Google LLC submitted.
October 7, 2020
Argued. For petitioner: Thomas C. Goldstein, Bethesda, Md. For respondent: E. Joshua Rosenkranz, New York, N. Y.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
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
JUDGMENT ISSUED.