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The U.S. Supreme Court has been sending up some smoke signals in the copyright showdown between Google and Oracle. And they’re forming clouds over Oracle’s position.

Google v. Oracle is a 10-year-old battle royal in which Oracle is seeking as much as $9 billion over Google’s unauthorized use of code from Java application program interfaces in its Android operating system. The case has gone through two San Francisco jury trials, with the second finding that Google’s copying was a fair use. The U.S. Court of Appeals for the Federal Circuit ruled in 2014 that the code is copyrightable, and in 2018 that no reasonable jury could have found fair use.

The Supreme Court is reviewing both decisions. They’d been scheduled for argument last month but have been pushed back to the fall due to COVID-19 disruptions.

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Scott Graham

Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected]

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