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Case Law Meeting: Oracle v. Google
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When: Friday, June 14th, 2019
Where: WilmerHale
60 State Street
Boston, Massachusetts 
United States
Contact: Case Law Committee

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 BPLA Case Law Committee

Oracle v. Google


Friday, June 14th 2019, 12:00PM

Wilmer Hale, 60 State Street, Boston

Presenters / moderators:
James Lampert, WilmerHale (retired)
Monica Grewal, WilmerHale
Yvonne Lee, WilmerHale

A petition for a writ of certiorari in Oracle v. Google is now pending before the Supreme Court. Our discussion, using Oracle v. Google as an example, will focus on the extent to which elements of a software program that, as a practical matter, are required by the function to be performed, by considerations of efficiency or by external factors such as compatibility requirements, can be protected by copyright. We will also review what happened to the seven patents that Oracle asserted without success.

Please read the petition linked below. Also below are the District Court’s opinion on copyrightability (that discusses the state of the law in various circuits), and the two Federal Circuit opinions (the first of which reversed the District Court’s decision that Oracle’s APIs were not copyrightable, and the second of which reversed the jury’s decision that Google’s copying of the APIs was fair use. .

Please review the following document prior to the meeting:
District Court lst copyright opinions
2014 first decision
2018 second FC decision

Contact for more information.

Committee Co Chairs

James Lampert, WilmerHale, Retired

Yvonne Lee, WilmerHale

N. Scott Pierce, Saul Ewing Arnstein & Lehr LLP

Valarie Rosen, Cabot Corporation
David Thibodeau, VLP Law Group

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