This article appeared in The Intellectual Property Strategist, an ALM publication that is a practical source of both business and litigation tactics in the fast-changing area of intellectual property law. Visit the website to learn more.

On March 27, 2018, in Oracle America, Inc. v. Google LLC, 2018 U.S. App. LEXIS 7794, the United States Court of Appeals for the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California (case number 3:10-cv-03561). In doing so, the court revived Oracle’s claim that Google’s use of Oracle’s open-source Java language code did not constitute “fair use.”