Oracle v. Google


The Federal Circuit reinstated Oracle’s long-running lawsuit against Google for copying its prized Java technology and ordered a new trial on damages, adopting the central arguments developed by an Orrick appellate team and Oracle’s in-house legal department.

A three-judge Federal Circuit panel unanimously overturned a 2016 jury verdict, rejecting Google’s argument that it was fair use for Google to copy Oracle’s Java software code into Google’s Android operating system.

The decision was the second critical Federal Circuit ruling secured by Oracle and our appellate team — led by partner Josh Rosenkranz — in the copyright infringement litigation against Google. The Federal Circuit in 2014 found Oracle’s software code entitled to copyright protection, thus leading to a 2016 trial on whether Google’s copying of Oracle’s Java code amounted to fair use of the technology.

The Federal Circuit today found that it was not, a stunning rebuke to Google in one of the most closely-watched IP cases in the tech sector over the past decade.

Orrick represented Oracle with a team including Josh Rosenkranz (Picture), Peter Bicks, Annette Hurst, Lisa Simpson, Andrew Silverman, Mark Davies, Kelsi Corkran, and Mel Bostwick, as well as associates Matthew Bush and Jeremy Peterman.

Involved fees earner: Joshua Rosenkranz – Orrick; Peter Bicks – Orrick; Annette Hurst – Orrick; Lisa Simpson – Orrick; Mark Davies – Orrick; Andrew Silverman – Orrick; Kelsi Corkran – Orrick; Mel Bostwick – Orrick; Matthew Bush – Orrick; Jeremy Peterman – Orrick;

Law Firms: Orrick;

Clients: Oracle Corporation;

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Author: Ambrogio Visconti