Google LLC v. Oracle America Inc.

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

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

Justices validate Googles use of Java platform in Android software code (Ronald Mann, April 6, 2021)
Google wins copyright clash with Oracle over computer code (James Romoser, April 5, 2021)
Argument analysis: Justices debate legality of Googles use of Java interfaces in Android software code (Ronald Mann, October 9, 2020)
Case preview: Justices to weigh in on landmark copyright battle between Google and Oracle (Ronald Mann, October 5, 2020)
Justices to hear October arguments by phone (Amy Howe, September 16, 2020)
Court releases October calendar (Amy Howe, July 13, 2020)
Justices postpone March argument session (Amy Howe, March 16, 2020)
Justices issue March argument calendar (Amy Howe, January 31, 2020)
Justices grant four new cases (Amy Howe, November 15, 2019)
Relist Watch (John Elwood, November 14, 2019)
Relist Watch (John Elwood, November 6, 2019)
No new grants today (Amy Howe, April 29, 2019)

Date	Proceedings and Orders (key to color coding)
10/19/2018	Application (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.
10/23/2018	Application (18A417) granted by The Chief Justice extending the time to file until January 25, 2019.
01/24/2019	Petition for a writ of certiorari filed. (Response due February 25, 2019)
02/05/2019	Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
02/06/2019	Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
02/15/2019	Blanket Consent filed by Petitioner, Google LLC.
02/22/2019	Brief amicus curiae of Developers Alliance filed.
02/22/2019	Brief amici curiae of Eight Intellectual Property Scholars filed.
02/25/2019	Amicus brief of Computer & Communications Industry Association not accepted for filing. (February 25, 2019) (Corrected electronic filing submitted)
02/25/2019	Brief amicus curiae of Microsoft Corporation filed.
02/25/2019	Brief amici curiae of R Street Institute and Public Knowledge filed.
02/25/2019	Brief amicus curiae of Electronic Frontier Foundation filed.
02/25/2019	Brief amici curiae of Professors Peter S. Menell and David Nimmer filed.
02/25/2019	Brief amici curiae of Sixty Five Intellectual Property Scholars filed.
02/25/2019	Brief amicus curiae of Computer & Communications Industry Association filed.
02/25/2019	Motion for leave to file amici brief filed by 78 Computer Scientists.
02/25/2019	Brief amicus curiae of American Antitrust Institute filed.
02/25/2019	Brief amicus curiae of Engine Advocacy filed.
02/25/2019	Brief amici curiae of Python Software Foundation and Tidelift filed.
02/25/2019	Brief amici curiae of Software Innovators, Startups, and Investors filed.
02/25/2019	Brief amici curiae of Mozilla Corp., et al. filed.
02/25/2019	Amicus brief of Red Hat, Inc. not accepted for filing. (March 11, 2019)(Corrected version submitted).
02/25/2019	Brief amicus curiae of Red Hat, Inc. filed.(3/11/2019)
03/27/2019	Brief of respondent Oracle America, Inc. in opposition filed.
04/10/2019	DISTRIBUTED for Conference of 4/26/2019.
04/10/2019	Reply of petitioner Google LLC, filed. (Distributed)
04/29/2019	The Solicitor General is invited to file a brief in this case expressing the views of the United States.
09/27/2019	Brief amicus curiae of United States filed.
10/16/2019	DISTRIBUTED for Conference of 11/1/2019.
10/16/2019	Supplemental brief of petitioner Google LLC filed. (Distributed)
11/04/2019	DISTRIBUTED for Conference of 11/8/2019.
11/12/2019	DISTRIBUTED for Conference of 11/15/2019.
11/15/2019	Motion for leave to file amici brief filed by 78 Computer Scientists GRANTED.
11/15/2019	Petition GRANTED.
11/22/2019	Letter requesting permission to file the joint appendix under the deferred method filed.
12/05/2019	The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
12/05/2019	Motion for an extension of time to file the briefs on the merits filed.
12/10/2019	Motion 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.
12/16/2019	Blanket Consent filed by Petitioner, Google LLC. (Statement of cost filed).
01/06/2020	Brief of petitioner Google LLC filed.
01/07/2020	Brief amici curiae of Civ Pro, IP & Legal History Professors filed.
01/08/2020	Brief amicus curiae of Glynn Lunney filed.
01/10/2020	Brief amicus curiae of Michael Risch filed.
01/10/2020	Brief amici curiae of Center for Democracy and Technology, et al. filed.
01/10/2020	Brief amici curiae of Professors Peter S. Menell, et al. filed.
01/10/2020	Brief amici curiae of Copyright Scholars filed.
01/13/2020	Brief amicus curiae of Rimini Street, Inc. filed.
01/13/2020	Brief amici curiae of The Robert Rauschenberg Foundation et al. in support of neither party filed.
01/13/2020	Brief amici curiae of Computer & Communications Industry Association and Internet Association filed.
01/13/2020	Brief amicus curiae of Developers Alliance filed.
01/13/2020	Brief amicus curiae of Microsoft Corporation filed.
01/13/2020	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
01/13/2020	Brief amici curiae of International Business Machines Corp. et al. filed.
01/13/2020	Brief amici curiae of Small, Medium, and Open Source Technology Organizations filed.
01/13/2020	Brief amici curiae of Auto Care Association and Static Control Components, Inc. filed.
01/13/2020	Brief amici curiae of Python Software Foundation, et al. filed.
01/13/2020	Brief amici curiae of Eighty Three Computer Scientists filed.
01/13/2020	Brief amicus curiae of Electronic Frontier Foundation filed.
01/13/2020	Brief amici curiae of R Street Institute, et al. filed.
01/13/2020	Brief amicus curiae of Retail Litigation Center, Inc. filed.
01/13/2020	Brief amicus curiae of Engine Advocacy filed.
01/13/2020	Brief amici curiae of Seventy Two Intellectual Property Scholars filed.
01/13/2020	Brief amicus curiae of American Antitrust Institute filed.
01/13/2020	Brief amici curiae of Software and System Developers and Engineers for United States Government Agencies filed.
01/13/2020	Brief amici curiae of Software Innovators, Startups, and Investors filed.
01/13/2020	Amicus brief of Software Freedom Law Center not accepted for filing. (January 28, 2020)
01/13/2020	Brief amicus curiae of Software Freedom Law Center filed. (1/17/2020)
01/13/2020	Brief amici curiae of The American Library Association, et al. filed.
01/13/2020	Brief amici curiae of Empirical Legal Researchers filed.
01/31/2020	SET FOR ARGUMENT on Tuesday, March 24, 2020.
02/12/2020	Brief of respondent Oracle America, Inc. filed.
02/13/2020	Brief amicus curiae of Interdisciplinary Research Team on Programmer Creativity filed.
02/14/2020	Brief amicus curiae of The American Conservative Union Foundation filed. (Distributed)
02/18/2020	Brief amicus curiae of Internet Accountability Project filed.
02/18/2020	Brief amici curiae of Copyright Thought Leaders filed. (Distributed)
02/18/2020	Brief amici curiae of Helienne Lindvall, et al. filed. (Distributed)
02/19/2020	Record requested from the U.S.C.A. Federal Circuit.
02/19/2020	CIRCULATED
02/19/2020	Brief amicus curiae of Synopsys, Inc. filed. (Distributed)
02/19/2020	Brief amicus curiae of Motion Picture Association, Inc. filed. (Distributed)
02/19/2020	Brief amicus curiae of Ralph Oman filed. (Distributed)
02/19/2020	Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
02/19/2020	Brief amicus curiae of United States filed. (Distributed)
02/19/2020	Brief amicus curiae of Professor and Former CONTU Member Arthur R. Miller filed. (Distributed)
02/19/2020	Brief amicus curiae of Copyright Alliance filed. (Distributed)
02/19/2020	Brief amicus curiae of Dolby Labratories, Inc. filed. (Distributed)
02/19/2020	Brief amicus curiae of The Mathworks, Inc. filed. (Distributed)
02/19/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
02/19/2020	Brief amicus curiae of SAS Institute Inc. filed. (Distributed)
02/19/2020	Brief amici curiae of Alliance of U.S. Startups and Inventors for Jobs ("USIJ") filed. (Distributed)
02/19/2020	Brief amici curiae of Industry Executives Joseph M. Tucci and Paul T. Dacier filed. (Distributed)
02/19/2020	Brief amicus curiae of Digital Justice Foundation filed. (Distributed)
02/19/2020	Brief amici curiae of Ten Creators' Rights Organizations filed. (Distributed)
02/19/2020	Brief amici curiae of Professor Eugene H. Spafford, PH.D., et al. filed. (Distributed)
02/19/2020	Brief amici curiae of Former Congressmen filed. (Distributed)
02/19/2020	Brief amicus curiae of News Media Alliance filed. (Distributed)
02/19/2020	Brief amicus curiae of The Association of American Publishers, Inc. filed. (Distributed)
02/19/2020	Brief amicus curiae of Committee for Justice filed. (Distributed)
02/19/2020	Brief amici curiae of Nine Professors and Scholars of Intellectual Property Law filed. (Distributed)
02/19/2020	Brief amicus curiae of Consumers' Research filed. (Distributed)
02/19/2020	Brief amici curiae of The Recording Industry Association of America, et al. filed. (Distributed)
02/19/2020	Brief amici curiae of 25 Professors of Journalism and Media Law filed. (Distributed)
02/19/2020	Brief amicus curiae of Center for Medicine in the Public Interest filed. (Distributed)
02/19/2020	Brief amicus curiae of USTelecom – The Broadband Association filed. (Distributed)
02/19/2020	Brief amicus curiae of Hudson Institute filed. (Distributed)
02/19/2020	Brief amicus curiae of Former SUN Executive Scott McNealy filed. (Distributed)
02/26/2020	Joint appendix (2 volumes & 1 supplemental) filed. (Statement of costs filed)
02/26/2020	10 poster size copies received of page 1 of the trial exhibit 1028 see SJA3.
03/02/2020	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
03/03/2020	The record is available on PACER.
03/10/2020	Confidential record material from the USCA Federal Circuit electronically received.
03/11/2020	Reply of petitioner Google LLC filed. (Distributed)
03/16/2020	ORAL ARGUMENT POSTPONED.
04/13/2020	Argument to be rescheduled for the October Term 2020.
05/04/2020	The 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.
07/13/2020	SET FOR ARGUMENT on Wednesday, October 7, 2020.
08/07/2020	Supplemental brief of petitioner Google LLC filed. (Distributed)
08/07/2020	Supplemental brief of respondent Oracle America, Inc. filed. (Distributed)
10/07/2020	Argued. 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.)
04/05/2021	Judgment 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.
05/07/2021	JUDGMENT ISSUED.