Fitzpatrick Case Update
March 28, 2018
On March 27, 2018, the Federal Circuit held in a precedential copyright decision that Google Inc.’s (“Google”) use of Oracle America, Inc.’s (“Oracle”) Java application programming interface (“API packages”) was not fair use as a matter of law, contrary to a jury’s finding that it was fair use. In so doing, the Federal Circuit reversed a decision denying Oracle’s request for judgment as a matter of law and request for a damages trial. The impact of yesterday’s decision could mean that Google will have to pay many millions of dollars in damages to Oracle. (Oracle was seeking as much as $8.8 billion).