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Google LLC v. Oracle America Inc.

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Docket No. Op. Below Argument Opinion Vote Author Term
18-956 Fed. Cir. Oct 7, 2020 Apr 5, 2021 6-2 Breyer OT 2020

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Holding: Google’s limited copying of the Java SE Application Programming Interface allowed programmers to put their accrued talents to work in a transformative program and constituted a fair use of that material under copyright law.

Judgment: Reversed and remanded, 6-2, in an opinion by Justice Breyer on April 5, 2021. Justice Thomas filed a dissenting opinion, in which Justice Alito joined. Justice Barrett took no part in the consideration or decision of this case.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Oct 19 2018Application (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.
Oct 23 2018Application (18A417) granted by The Chief Justice extending the time to file until January 25, 2019.
Jan 24 2019Petition for a writ of certiorari filed. (Response due February 25, 2019)
Feb 05 2019Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
Feb 06 2019Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
Feb 15 2019Blanket Consent filed by Petitioner, Google LLC.
Feb 22 2019Brief amicus curiae of Developers Alliance filed.
Feb 22 2019Brief amici curiae of Eight Intellectual Property Scholars filed.
Feb 25 2019Amicus brief of Computer & Communications Industry Association not accepted for filing. (February 25, 2019) (Corrected electronic filing submitted)
Feb 25 2019Brief amicus curiae of Microsoft Corporation filed.
Feb 25 2019Brief amici curiae of R Street Institute and Public Knowledge filed.
Feb 25 2019Brief amicus curiae of Electronic Frontier Foundation filed.
Feb 25 2019Brief amici curiae of Professors Peter S. Menell and David Nimmer filed.
Feb 25 2019Brief amici curiae of Sixty Five Intellectual Property Scholars filed.
Feb 25 2019Brief amicus curiae of Computer & Communications Industry Association filed.
Feb 25 2019Motion for leave to file amici brief filed by 78 Computer Scientists.
Feb 25 2019Brief amicus curiae of American Antitrust Institute filed.
Feb 25 2019Brief amicus curiae of Engine Advocacy filed.
Feb 25 2019Brief amici curiae of Python Software Foundation and Tidelift filed.
Feb 25 2019Brief amici curiae of Software Innovators, Startups, and Investors filed.
Feb 25 2019Brief amici curiae of Mozilla Corp., et al. filed.
Feb 25 2019Amicus brief of Red Hat, Inc. not accepted for filing. (March 11, 2019)(Corrected version submitted).
Feb 25 2019Brief amicus curiae of Red Hat, Inc. filed.(3/11/2019)
Mar 27 2019Brief of respondent Oracle America, Inc. in opposition filed.
Apr 10 2019DISTRIBUTED for Conference of 4/26/2019.
Apr 10 2019Reply of petitioner Google LLC, filed. (Distributed)
Apr 29 2019The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Sep 27 2019Brief amicus curiae of United States filed.
Oct 16 2019DISTRIBUTED for Conference of 11/1/2019.
Oct 16 2019Supplemental brief of petitioner Google LLC filed. (Distributed)
Nov 04 2019DISTRIBUTED for Conference of 11/8/2019.
Nov 12 2019DISTRIBUTED for Conference of 11/15/2019.
Nov 15 2019Motion for leave to file amici brief filed by 78 Computer Scientists GRANTED.
Nov 15 2019Petition GRANTED.
Nov 22 2019Letter requesting permission to file the joint appendix under the deferred method filed.
Dec 05 2019The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
Dec 05 2019Motion for an extension of time to file the briefs on the merits filed.
Dec 10 2019Motion 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.
Dec 16 2019Blanket Consent filed by Petitioner, Google LLC. (Statement of cost filed).
Jan 06 2020Brief of petitioner Google LLC filed.
Jan 07 2020Brief amici curiae of Civ Pro, IP & Legal History Professors filed.
Jan 08 2020Brief amicus curiae of Glynn Lunney filed.
Jan 10 2020Brief amicus curiae of Michael Risch filed.
Jan 10 2020Brief amici curiae of Center for Democracy and Technology, et al. filed.
Jan 10 2020Brief amici curiae of Professors Peter S. Menell, et al. filed.
Jan 10 2020Brief amici curiae of Copyright Scholars filed.
Jan 13 2020Brief amicus curiae of Rimini Street, Inc. filed.
Jan 13 2020Brief amici curiae of The Robert Rauschenberg Foundation et al. in support of neither party filed.
Jan 13 2020Brief amici curiae of Computer & Communications Industry Association and Internet Association filed.
Jan 13 2020Brief amicus curiae of Developers Alliance filed.
Jan 13 2020Brief amicus curiae of Microsoft Corporation filed.
Jan 13 2020Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Jan 13 2020Brief amici curiae of International Business Machines Corp. et al. filed.
Jan 13 2020Brief amici curiae of Small, Medium, and Open Source Technology Organizations filed.
Jan 13 2020Brief amici curiae of Auto Care Association and Static Control Components, Inc. filed.
Jan 13 2020Brief amici curiae of Python Software Foundation, et al. filed.
Jan 13 2020Brief amici curiae of Eighty Three Computer Scientists filed.
Jan 13 2020Brief amicus curiae of Electronic Frontier Foundation filed.
Jan 13 2020Brief amici curiae of R Street Institute, et al. filed.
Jan 13 2020Brief amicus curiae of Retail Litigation Center, Inc. filed.
Jan 13 2020Brief amicus curiae of Engine Advocacy filed.
Jan 13 2020Brief amici curiae of Seventy Two Intellectual Property Scholars filed.
Jan 13 2020Brief amicus curiae of American Antitrust Institute filed.
Jan 13 2020Brief amici curiae of Software and System Developers and Engineers for United States Government Agencies filed.
Jan 13 2020Brief amici curiae of Software Innovators, Startups, and Investors filed.
Jan 13 2020Amicus brief of Software Freedom Law Center not accepted for filing. (January 28, 2020)
Jan 13 2020Brief amicus curiae of Software Freedom Law Center filed. (1/17/2020)
Jan 13 2020Brief amici curiae of The American Library Association, et al. filed.
Jan 13 2020Brief amici curiae of Empirical Legal Researchers filed.
Jan 31 2020SET FOR ARGUMENT on Tuesday, March 24, 2020.
Feb 12 2020Brief of respondent Oracle America, Inc. filed.
Feb 13 2020Brief amicus curiae of Interdisciplinary Research Team on Programmer Creativity filed.
Feb 14 2020Brief amicus curiae of The American Conservative Union Foundation filed. (Distributed)
Feb 18 2020Brief amicus curiae of Internet Accountability Project filed.
Feb 18 2020Brief amici curiae of Copyright Thought Leaders filed. (Distributed)
Feb 18 2020Brief amici curiae of Helienne Lindvall, et al. filed. (Distributed)
Feb 19 2020Record requested from the U.S.C.A. Federal Circuit.
Feb 19 2020CIRCULATED
Feb 19 2020Brief amicus curiae of Synopsys, Inc. filed. (Distributed)
Feb 19 2020Brief amicus curiae of Motion Picture Association, Inc. filed. (Distributed)
Feb 19 2020Brief amicus curiae of Ralph Oman filed. (Distributed)
Feb 19 2020Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
Feb 19 2020Brief amicus curiae of United States filed. (Distributed)
Feb 19 2020Brief amicus curiae of Professor and Former CONTU Member Arthur R. Miller filed. (Distributed)
Feb 19 2020Brief amicus curiae of Copyright Alliance filed. (Distributed)
Feb 19 2020Brief amicus curiae of Dolby Labratories, Inc. filed. (Distributed)
Feb 19 2020Brief amicus curiae of The Mathworks, Inc. filed. (Distributed)
Feb 19 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 19 2020Brief amicus curiae of SAS Institute Inc. filed. (Distributed)
Feb 19 2020Brief amici curiae of Alliance of U.S. Startups and Inventors for Jobs ("USIJ") filed. (Distributed)
Feb 19 2020Brief amici curiae of Industry Executives Joseph M. Tucci and Paul T. Dacier filed. (Distributed)
Feb 19 2020Brief amicus curiae of Digital Justice Foundation filed. (Distributed)
Feb 19 2020Brief amici curiae of Ten Creators' Rights Organizations filed. (Distributed)
Feb 19 2020Brief amici curiae of Professor Eugene H. Spafford, PH.D., et al. filed. (Distributed)
Feb 19 2020Brief amici curiae of Former Congressmen filed. (Distributed)
Feb 19 2020Brief amicus curiae of News Media Alliance filed. (Distributed)
Feb 19 2020Brief amicus curiae of The Association of American Publishers, Inc. filed. (Distributed)
Feb 19 2020Brief amicus curiae of Committee for Justice filed. (Distributed)
Feb 19 2020Brief amici curiae of Nine Professors and Scholars of Intellectual Property Law filed. (Distributed)
Feb 19 2020Brief amicus curiae of Consumers' Research filed. (Distributed)
Feb 19 2020Brief amici curiae of The Recording Industry Association of America, et al. filed. (Distributed)
Feb 19 2020Brief amici curiae of 25 Professors of Journalism and Media Law filed. (Distributed)
Feb 19 2020Brief amicus curiae of Center for Medicine in the Public Interest filed. (Distributed)
Feb 19 2020Brief amicus curiae of USTelecom – The Broadband Association filed. (Distributed)
Feb 19 2020Brief amicus curiae of Hudson Institute filed. (Distributed)
Feb 19 2020Brief amicus curiae of Former SUN Executive Scott McNealy filed. (Distributed)
Feb 26 2020Joint appendix (2 volumes & 1 supplemental) filed. (Statement of costs filed)
Feb 26 202010 poster size copies received of page 1 of the trial exhibit 1028 see SJA3.
Mar 02 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Mar 03 2020The record is available on PACER.
Mar 10 2020Confidential record material from the USCA Federal Circuit electronically received.
Mar 11 2020Reply of petitioner Google LLC filed. (Distributed)
Mar 16 2020ORAL ARGUMENT POSTPONED.
Apr 13 2020Argument to be rescheduled for the October Term 2020.
May 04 2020The 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.
Jul 13 2020SET FOR ARGUMENT on Wednesday, October 7, 2020.
Aug 07 2020Supplemental brief of petitioner Google LLC filed. (Distributed)
Aug 07 2020Supplemental brief of respondent Oracle America, Inc. filed. (Distributed)
Oct 07 2020Argued. 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.)
Apr 05 2021Judgment 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.
May 07 2021JUDGMENT ISSUED.