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Google LLC v. Oracle America, Inc.

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2017-1118, 2017-1202 · judgment March 27, 2018

Decided · April 5, 2021
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a Federal Circuit decision below, and a business petitioner, and down for a business respondent.

Questions presented

The Copyright Act provides that, while "original works of authorship" are generally eligible for copyright protection, 17 U.S.C. 102(a), "[i]n no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work," 17 U.S.C. 102(b). The Act also makes clear that "the fair use of a copyrighted work * * * is not an infringement of copyright." 17 U.S.C. 107. As is relevant here, software interfaces are lines of computer code that allow developers to operate prewritten libraries of code used to perform particular tasks. Since the earliest days of software development, developers have used interfaces to access essential tools for building new computer programs. Contravening that longstanding practice, the Federal Circuit in this case held both that a software interface is copyrightable and that petitioner's use of a software interface in a new computer program cannot constitute fair use as a matter of law. The questions presented are:

  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. PRESS RELEASE OF MARCH 16, 2020 IN KEEPING WITH PUBLIC HEALTH PRECAUTIONS RECOMMENDED IN RESPONSE TO COVID-19, THE SUPREME COURT IS POSTPONING THE ORAL ARGUMENTS CURRENTLY SCHEDULED FOR THE MARCH SESSION. 4/13/2020: ARGUMENT TO BE RESCHEDULED FOR THE OCTOBER TERM 2020 ORDER OF MAY 5, 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.

Counsel of record

For petitioner
Thomas C. Goldstein

For respondent
E. Joshua Rosenkranz
Orrick, Herrington & Sutcliffe LLP

Case

Conference history
Distributed for 4 conferences

Amicus briefs
15 cert-stage · 60 merits
(28 supporting pet./neither, 32 respondent)

Argument & decision

Argued October 7, 2020 — Thomas C. Goldstein · E. Joshua Rosenkranz. Audio and transcript

Decided April 5, 2021. Opinion by Breyer.

Proceedings

  1. May 07 2021
    JUDGMENT ISSUED.
  2. Apr 05 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.
  3. Oct 07 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.)
  4. Aug 07 2020
    Supplemental brief of petitioner Google LLC filed. (Distributed)
  5. Aug 07 2020
    Supplemental brief of respondent Oracle America, Inc. filed. (Distributed)
  6. Jul 13 2020
    SET FOR ARGUMENT on Wednesday, October 7, 2020.
  7. May 04 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.
  8. Apr 13 2020
    Argument to be rescheduled for the October Term 2020.
  9. Mar 16 2020
    ORAL ARGUMENT POSTPONED.
  10. Mar 11 2020
    Reply of petitioner Google LLC filed. (Distributed)
  11. Mar 10 2020
    Confidential record material from the USCA Federal Circuit electronically received.
  12. Mar 03 2020
    The record is available on PACER.
  13. Mar 02 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  14. Feb 26 2020
    Joint appendix (2 volumes & 1 supplemental) filed. (Statement of costs filed)
  15. Feb 26 2020
    10 poster size copies received of page 1 of the trial exhibit 1028 see SJA3.
  16. Feb 19 2020
    Record requested from the U.S.C.A. Federal Circuit.
  17. Feb 19 2020
    CIRCULATED
  18. Feb 19 2020
    Brief amicus curiae of Synopsys, Inc. filed. (Distributed)
  19. Feb 19 2020
    Brief amicus curiae of Motion Picture Association, Inc. filed. (Distributed)
  20. Feb 19 2020
    Brief amicus curiae of Ralph Oman filed. (Distributed)
  21. Feb 19 2020
    Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
  22. Feb 19 2020
    Brief amicus curiae of United States filed. (Distributed)
  23. Feb 19 2020
    Brief amicus curiae of Professor and Former CONTU Member Arthur R. Miller filed. (Distributed)
  24. Feb 19 2020
    Brief amicus curiae of Copyright Alliance filed. (Distributed)
  25. Feb 19 2020
    Brief amicus curiae of Dolby Labratories, Inc. filed. (Distributed)
  26. Feb 19 2020
    Brief amicus curiae of The Mathworks, Inc. filed. (Distributed)
  27. Feb 19 2020
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  28. Feb 19 2020
    Brief amicus curiae of SAS Institute Inc. filed. (Distributed)
  29. Feb 19 2020
    Brief amici curiae of Alliance of U.S. Startups and Inventors for Jobs ("USIJ") filed. (Distributed)
  30. Feb 19 2020
    Brief amici curiae of Industry Executives Joseph M. Tucci and Paul T. Dacier filed. (Distributed)
  31. Feb 19 2020
    Brief amicus curiae of Digital Justice Foundation filed. (Distributed)
  32. Feb 19 2020
    Brief amici curiae of Ten Creators' Rights Organizations filed. (Distributed)
  33. Feb 19 2020
    Brief amici curiae of Professor Eugene H. Spafford, PH.D., et al. filed. (Distributed)
  34. Feb 19 2020
    Brief amici curiae of Former Congressmen filed. (Distributed)
  35. Feb 19 2020
    Brief amicus curiae of News Media Alliance filed. (Distributed)
  36. Feb 19 2020
    Brief amicus curiae of The Association of American Publishers, Inc. filed. (Distributed)
  37. Feb 19 2020
    Brief amicus curiae of Committee for Justice filed. (Distributed)
  38. Feb 19 2020
    Brief amici curiae of Nine Professors and Scholars of Intellectual Property Law filed. (Distributed)
  39. Feb 19 2020
    Brief amicus curiae of Consumers' Research filed. (Distributed)
  40. Feb 19 2020
    Brief amici curiae of The Recording Industry Association of America, et al. filed. (Distributed)
  41. Feb 19 2020
    Brief amici curiae of 25 Professors of Journalism and Media Law filed. (Distributed)
  42. Feb 19 2020
    Brief amicus curiae of Center for Medicine in the Public Interest filed. (Distributed)
  43. Feb 19 2020
    Brief amicus curiae of USTelecom – The Broadband Association filed. (Distributed)
  44. Feb 19 2020
    Brief amicus curiae of Hudson Institute filed. (Distributed)
  45. Feb 19 2020
    Brief amicus curiae of Former SUN Executive Scott McNealy filed. (Distributed)
  46. Feb 18 2020
    Brief amicus curiae of Internet Accountability Project filed.
  47. Feb 18 2020
    Brief amici curiae of Copyright Thought Leaders filed. (Distributed)
  48. Feb 18 2020
    Brief amici curiae of Helienne Lindvall, et al. filed. (Distributed)
  49. Feb 14 2020
    Brief amicus curiae of The American Conservative Union Foundation filed. (Distributed)
  50. Feb 13 2020
    Brief amicus curiae of Interdisciplinary Research Team on Programmer Creativity filed.
  51. Feb 12 2020
    Brief of respondent Oracle America, Inc. filed.
  52. Jan 31 2020
    SET FOR ARGUMENT on Tuesday, March 24, 2020.
  53. Jan 13 2020
    Brief amicus curiae of Rimini Street, Inc. filed.
  54. Jan 13 2020
    Brief amici curiae of The Robert Rauschenberg Foundation et al. in support of neither party filed.
  55. Jan 13 2020
    Brief amici curiae of Computer & Communications Industry Association and Internet Association filed.
  56. Jan 13 2020
    Brief amicus curiae of Developers Alliance filed.
  57. Jan 13 2020
    Brief amicus curiae of Microsoft Corporation filed.
  58. Jan 13 2020
    Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
  59. Jan 13 2020
    Brief amici curiae of International Business Machines Corp. et al. filed.
  60. Jan 13 2020
    Brief amici curiae of Small, Medium, and Open Source Technology Organizations filed.
  61. Jan 13 2020
    Brief amici curiae of Auto Care Association and Static Control Components, Inc. filed.
  62. Jan 13 2020
    Brief amici curiae of Python Software Foundation, et al. filed.
  63. Jan 13 2020
    Brief amici curiae of Eighty Three Computer Scientists filed.
  64. Jan 13 2020
    Brief amicus curiae of Electronic Frontier Foundation filed.
  65. Jan 13 2020
    Brief amici curiae of R Street Institute, et al. filed.
  66. Jan 13 2020
    Brief amicus curiae of Retail Litigation Center, Inc. filed.
  67. Jan 13 2020
    Brief amicus curiae of Engine Advocacy filed.
  68. Jan 13 2020
    Brief amici curiae of Seventy Two Intellectual Property Scholars filed.
  69. Jan 13 2020
    Brief amicus curiae of American Antitrust Institute filed.
  70. Jan 13 2020
    Brief amici curiae of Software and System Developers and Engineers for United States Government Agencies filed.
  71. Jan 13 2020
    Brief amici curiae of Software Innovators, Startups, and Investors filed.
  72. Jan 13 2020
    Amicus brief of Software Freedom Law Center not accepted for filing. (January 28, 2020)
  73. Jan 13 2020
    Brief amicus curiae of Software Freedom Law Center filed. (1/17/2020)
  74. Jan 13 2020
    Brief amici curiae of The American Library Association, et al. filed.
  75. Jan 13 2020
    Brief amici curiae of Empirical Legal Researchers filed.
  76. Jan 10 2020
    Brief amicus curiae of Michael Risch filed.
  77. Jan 10 2020
    Brief amici curiae of Center for Democracy and Technology, et al. filed.
  78. Jan 10 2020
    Brief amici curiae of Professors Peter S. Menell, et al. filed.
  79. Jan 10 2020
    Brief amici curiae of Copyright Scholars filed.
  80. Jan 08 2020
    Brief amicus curiae of Glynn Lunney filed.
  81. Jan 07 2020
    Brief amici curiae of Civ Pro, IP & Legal History Professors filed.
  82. Jan 06 2020
    Brief of petitioner Google LLC filed.
  83. Dec 16 2019
    Blanket Consent filed by Petitioner, Google LLC. (Statement of cost filed).
  84. Dec 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.
  85. Dec 05 2019
    The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
  86. Dec 05 2019
    Motion for an extension of time to file the briefs on the merits filed.
  87. Nov 22 2019
    Letter requesting permission to file the joint appendix under the deferred method filed.
  88. Nov 15 2019
    Motion for leave to file amici brief filed by 78 Computer Scientists GRANTED.
  89. Nov 15 2019
    Petition GRANTED.
  90. Nov 12 2019
    DISTRIBUTED for Conference of 11/15/2019.
  91. Nov 04 2019
    DISTRIBUTED for Conference of 11/8/2019.
  92. Oct 16 2019
    DISTRIBUTED for Conference of 11/1/2019.
  93. Oct 16 2019
    Supplemental brief of petitioner Google LLC filed. (Distributed)
  94. Sep 27 2019
    Brief amicus curiae of United States filed.
  95. Apr 29 2019
    The Solicitor General is invited to file a brief in this case expressing the views of the United States.
  96. Apr 10 2019
    DISTRIBUTED for Conference of 4/26/2019.
  97. Apr 10 2019
    Reply of petitioner Google LLC, filed. (Distributed)
  98. Mar 27 2019
    Brief of respondent Oracle America, Inc. in opposition filed.
  99. Feb 25 2019
    Amicus brief of Computer & Communications Industry Association not accepted for filing. (February 25, 2019) (Corrected electronic filing submitted)
  100. Feb 25 2019
    Brief amicus curiae of Microsoft Corporation filed.
  101. Feb 25 2019
    Brief amici curiae of R Street Institute and Public Knowledge filed.
  102. Feb 25 2019
    Brief amicus curiae of Electronic Frontier Foundation filed.
  103. Feb 25 2019
    Brief amici curiae of Professors Peter S. Menell and David Nimmer filed.
  104. Feb 25 2019
    Brief amici curiae of Sixty Five Intellectual Property Scholars filed.
  105. Feb 25 2019
    Brief amicus curiae of Computer & Communications Industry Association filed.
  106. Feb 25 2019
    Motion for leave to file amici brief filed by 78 Computer Scientists.
  107. Feb 25 2019
    Brief amicus curiae of American Antitrust Institute filed.
  108. Feb 25 2019
    Brief amicus curiae of Engine Advocacy filed.
  109. Feb 25 2019
    Brief amici curiae of Python Software Foundation and Tidelift filed.
  110. Feb 25 2019
    Brief amici curiae of Software Innovators, Startups, and Investors filed.
  111. Feb 25 2019
    Brief amici curiae of Mozilla Corp., et al. filed.
  112. Feb 25 2019
    Amicus brief of Red Hat, Inc. not accepted for filing. (March 11, 2019)(Corrected version submitted).
  113. Feb 25 2019
    Brief amicus curiae of Red Hat, Inc. filed.(3/11/2019)
  114. Feb 22 2019
    Brief amicus curiae of Developers Alliance filed.
  115. Feb 22 2019
    Brief amici curiae of Eight Intellectual Property Scholars filed.
  116. Feb 15 2019
    Blanket Consent filed by Petitioner, Google LLC.
  117. Feb 06 2019
    Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
  118. Feb 05 2019
    Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
  119. Jan 24 2019
    Petition for a writ of certiorari filed. (Response due February 25, 2019)
  120. Oct 23 2018
    Application (18A417) granted by The Chief Justice extending the time to file until January 25, 2019.
  121. Oct 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.
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