January 24, 2021

Volume XI, Number 24

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January 22, 2021

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Supreme Court to Weigh In on Google-Oracle Copyright Dispute

The Supreme Court of the United States granted certiorari in the decade-long battle between Google and Oracle over use of copyrighted pieces of Java software in the Android smartphone operating system. Google LLC v. Oracle America, Inc., Case No. 18-956 (Supr Ct, Nov. 15 2019) (cert granted).

The dispute has been the subject of two prior decisions by the US Court of Appeals for the Federal Circuit: one regarding copyrightability of a software interface (IP Update Vol. 17) and the other regarding the fair use doctrine. In both instances, the Federal Circuit ruled in favor of Oracle.

The questions presented are:

  • Whether copyright protection extends to a software interface

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

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© 2020 McDermott Will & EmeryNational Law Review, Volume IX, Number 333
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About this Author

Paul Devinsky, Intellectual Property Attorney
Partner

Paul Devinsky is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Washington, D.C., office.  He focuses his practice on patent, trademark and copyright litigation and counseling, as well as on trade secret litigation and counseling, and on licensing and transactional matters and post-issuance PTO proceedings such as reissues, reexaminations and interferences.

202-756-8369
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