After years of protracted litigation, including two jury trials and two appeals, Google and Oracle are now destined for yet another trial arising from Google’s alleged unauthorized use of 37 of Oracle’s Java application programming interfaces, or APIs, in the Android smartphone operating system. Finding that Google’s use of Java APIs did not constitute fair use as a matter of law, on March 27, the U.S. Court of Appeals for the Federal Circuit reversed the trial court’s judgment in favor of Google and remanded for a trial on damages.

While the decision ensures that the ongoing saga between Google and Oracle will no doubt continue to fascinate software developers who have been following the case with great interest, one of the most fascinating aspects of the case from an intellectual property law standpoint is that the case may come to represent a shift in the way that courts approach copyright fair use cases.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]