from the United States Court of Appeals for the Federal Circuit
See other cases from the Federal Circuit.
JUDGMENT ISSUED.
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.
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.)
Supplemental brief of petitioner Google LLC filed. (Distributed)
Supplemental brief of respondent Oracle America, Inc. filed. (Distributed)
SET FOR ARGUMENT on Wednesday, October 7, 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.
Argument to be rescheduled for the October Term 2020.
ORAL ARGUMENT POSTPONED.
Reply of petitioner Google LLC filed. (Distributed)
Confidential record material from the USCA Federal Circuit electronically received.
The record is available on PACER.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Joint appendix (2 volumes & 1 supplemental) filed. (Statement of costs filed)
10 poster size copies received of page 1 of the trial exhibit 1028 see SJA3.
Brief amicus curiae of Synopsys, Inc. filed. (Distributed)
CIRCULATED
Brief amicus curiae of News Media Alliance filed. (Distributed)
Brief amicus curiae of Committee for Justice filed. (Distributed)
Brief amicus curiae of Consumers' Research filed. (Distributed)
Brief amici curiae of The Recording Industry Association of America, et al. filed. (Distributed)
Brief amicus curiae of Center for Medicine in the Public Interest filed. (Distributed)
Brief amicus curiae of USTelecom – The Broadband Association filed. (Distributed)
Brief amicus curiae of Hudson Institute filed. (Distributed)
Brief amicus curiae of Former SUN Executive Scott McNealy filed. (Distributed)
Brief amicus curiae of Dolby Labratories, Inc. filed. (Distributed)
Brief amicus curiae of Copyright Alliance filed. (Distributed)
Brief amicus curiae of Professor and Former CONTU Member Arthur R. Miller filed. (Distributed)
Brief amicus curiae of United States filed. (Distributed)
Brief amicus curiae of American Legislative Exchange Council filed. (Distributed)
Brief amicus curiae of Ralph Oman filed. (Distributed)
Brief amicus curiae of Motion Picture Association, Inc. filed. (Distributed)
Brief amici curiae of 25 Professors of Journalism and Media Law filed. (Distributed)
Brief amici curiae of Industry Executives Joseph M. Tucci and Paul T. Dacier filed. (Distributed)
Brief amicus curiae of Digital Justice Foundation filed. (Distributed)
Brief amici curiae of Ten Creators' Rights Organizations filed. (Distributed)
Brief amici curiae of Professor Eugene H. Spafford, PH.D., et al. filed. (Distributed)
Brief amici curiae of Former Congressmen filed. (Distributed)
Brief amicus curiae of The Association of American Publishers, Inc. filed. (Distributed)
Brief amici curiae of Nine Professors and Scholars of Intellectual Property Law filed. (Distributed)
Record requested from the U.S.C.A. Federal Circuit.
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Brief amicus curiae of SAS Institute Inc. filed. (Distributed)
Brief amici curiae of Alliance of U.S. Startups and Inventors for Jobs ("USIJ") filed. (Distributed)
Brief amicus curiae of The Mathworks, Inc. filed. (Distributed)
Brief amici curiae of Helienne Lindvall, et al. filed. (Distributed)
Brief amicus curiae of Internet Accountability Project filed.
Brief amici curiae of Copyright Thought Leaders filed. (Distributed)
Brief amicus curiae of The American Conservative Union Foundation filed. (Distributed)
Brief amicus curiae of Interdisciplinary Research Team on Programmer Creativity filed.
Brief of respondent Oracle America, Inc. filed.
SET FOR ARGUMENT on Tuesday, March 24, 2020.
Brief amicus curiae of Rimini Street, Inc. filed.
Brief amici curiae of Empirical Legal Researchers filed.
Amicus brief of Software Freedom Law Center not accepted for filing. (January 28, 2020)
Brief amici curiae of The American Library Association, et al. filed.
Brief amicus curiae of Software Freedom Law Center filed. (1/17/2020)
Brief amici curiae of Software Innovators, Startups, and Investors filed.
Brief amici curiae of Software and System Developers and Engineers for United States Government Agencies filed.
Brief amicus curiae of American Antitrust Institute filed.
Brief amici curiae of Seventy Two Intellectual Property Scholars filed.
Brief amicus curiae of Engine Advocacy filed.
Brief amicus curiae of Retail Litigation Center, Inc. filed.
Brief amici curiae of R Street Institute, et al. filed.
Brief amicus curiae of Electronic Frontier Foundation filed.
Brief amici curiae of Eighty Three Computer Scientists filed.
Brief amici curiae of Python Software Foundation, et al. filed.
Brief amici curiae of Auto Care Association and Static Control Components, Inc. filed.
Brief amici curiae of Small, Medium, and Open Source Technology Organizations filed.
Brief amici curiae of International Business Machines Corp. et al. filed.
Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Brief amicus curiae of Microsoft Corporation filed.
Brief amicus curiae of Developers Alliance filed.
Brief amici curiae of Computer & Communications Industry Association and Internet Association filed.
Brief amici curiae of The Robert Rauschenberg Foundation et al. in support of neither party filed.
Brief amicus curiae of Michael Risch filed.
Brief amici curiae of Center for Democracy and Technology, et al. filed.
Brief amici curiae of Professors Peter S. Menell, et al. filed.
Brief amici curiae of Copyright Scholars filed.
Brief amicus curiae of Glynn Lunney filed.
Brief amici curiae of Civ Pro, IP & Legal History Professors filed.
Brief of petitioner Google LLC filed.
Blanket Consent filed by Petitioner, Google LLC. (Statement of cost filed).
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.
Motion for an extension of time to file the briefs on the merits filed.
The Clerk has approved the deferred method for filing of the joint appendix per Rule 26.4.
Letter requesting permission to file the joint appendix under the deferred method filed.
Motion for leave to file amici brief filed by 78 Computer Scientists GRANTED.
Petition GRANTED.
Supplemental brief of petitioner Google LLC filed. (Distributed)
Brief amicus curiae of United States filed.
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Reply of petitioner Google LLC, filed. (Distributed)
Brief of respondent Oracle America, Inc. in opposition filed.
Motion for leave to file amici brief filed by 78 Computer Scientists.
Amicus brief of Red Hat, Inc. not accepted for filing. (March 11, 2019)(Corrected version submitted).
Brief amicus curiae of Red Hat, Inc. filed.(3/11/2019)
Brief amici curiae of Mozilla Corp., et al. filed.
Brief amici curiae of Software Innovators, Startups, and Investors filed.
Brief amici curiae of Python Software Foundation and Tidelift filed.
Brief amicus curiae of Engine Advocacy filed.
Brief amicus curiae of American Antitrust Institute filed.
Brief amicus curiae of Computer & Communications Industry Association filed.
Brief amici curiae of Sixty Five Intellectual Property Scholars filed.
Brief amici curiae of Professors Peter S. Menell and David Nimmer filed.
Brief amicus curiae of Electronic Frontier Foundation filed.
Brief amici curiae of R Street Institute and Public Knowledge filed.
Brief amicus curiae of Microsoft Corporation filed.
Amicus brief of Computer & Communications Industry Association not accepted for filing. (February 25, 2019) (Corrected electronic filing submitted)
Brief amicus curiae of Developers Alliance filed.
Brief amici curiae of Eight Intellectual Property Scholars filed.
Blanket Consent filed by Petitioner, Google LLC.
Motion to extend the time to file a response is granted and the time is extended to and including March 27, 2019.
Motion to extend the time to file a response from February 25, 2019 to March 27, 2019, submitted to The Clerk.
Petition for a writ of certiorari filed. (Response due February 25, 2019)
Application (18A417) granted by The Chief Justice extending the time to file until January 25, 2019.
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.
Google LLC, Petitioner, represented by Thomas C. Goldstein
Oracle America, Inc., Respondent, represented by E. Joshua Rosenkranz
25 Professors of Journalism and Media Law, Amicus Curiae, represented by Daniel J. Brooks
Alliance of U.S. Startups and Inventors for Jobs ("USIJ"), Amicus Curiae, represented by Robert P. Taylor
American Antitrust Institute, Amicus Curiae, represented by Randy M. Stutz
American Intellectual Property Law Association, Amicus Curiae, represented by Jennifer Librach Nall
American Legislative Exchange Council, Amicus Curiae, represented by Jonathon Paul Hauenschild
Auto Care Association and Static Control Components, Inc., Amicus Curiae, represented by Seth D. Greenstein
Center for Democracy and Technology, Institute For Intellectual Property & Social Justice, National Consumers League, and National Federation of the Blind, Amicus Curiae, represented by Joseph Charles Gratz
Center for Medicine in the Public Interest, Amicus Curiae, represented by Edward A. Pennington
Civ Pro, IP & Legal History Professors in Support of Petitioner, Amicus Curiae, represented by Jaclyn Fabean Cherry
Committee for Justice, Amicus Curiae, represented by Ryan Joseph Walsh
Computer & Communications Industry Association and Internet Association, Amicus Curiae, represented by Jonathan Band
Consumers' Research, Amicus Curiae, represented by Thomas Ryan McCarthy
Copyright Alliance, Amicus Curiae, represented by Ian Heath Gershengorn
Copyright Scholars, Amicus Curiae, represented by Rebecca Leah Tushnet
Copyright Thought Leaders, Amicus Curiae, represented by Steven Marc Tepp
Developers Alliance, Amicus Curiae, represented by James Harold Hulme
Digital Justice Foundation, Amicus Curiae, represented by Edward Francis Cunningham
Dolby Labratories, Inc., Amicus Curiae, represented by Garrard Russ Beeney
Eight Intellectual Property Scholars, Amicus Curiae, represented by Christopher Theodore Bavitz
Eighty Three Computer Scientists, Amicus Curiae, represented by Phillip Robert Malone
Electronic Frontier Foundation, Amicus Curiae, represented by Michael Barclay
Empirical Legal Researchers, Amicus Curiae, represented by Ian Marc Herman
Engine Advocacy, Amicus Curiae, represented by Jeffrey Theodore Pearlman
Former Congressmen, Amicus Curiae, represented by William A. Isaacson
Former SUN Executive Scott McNealy, Amicus Curiae, represented by Celeste Lidwina Maria Koeleveld
Glynn Lunney, Amicus Curiae, represented by Joseph Glynn Stephen Lunney Jr.
Helienne Lindvall, et al., Amicus Curiae, represented by Charles J. Sanders
Hudson Institute, Amicus Curiae, represented by Erik S. Jaffe
Interdisciplinary Research Team on Programmer Creativity, Amicus Curiae, represented by Ralph D. Clifford
International Business Machines Corp. and Red Hat, Inc., Amicus Curiae, represented by James Wilson Dabney
Joseph M. Tucci and Paul T. Dacier, Amicus Curiae, represented by David William Shapiro
Michael Risch, Amicus Curiae, represented by Michael Victor Risch
Microsoft Corporation, Amicus Curiae, represented by Jeffrey Alan Lamken
Motion Picture Association, Inc., Amicus Curiae, represented by Robert H. Rotstein
Mozilla Corp., et al., Amicus Curiae, represented by Jason M. Schultz
NEWS MEDIA ALLIANCE, Amicus Curiae, represented by Robert P. LoBue
Nine Professors and Scholars on Intellectual Property Law, Amicus Curiae, represented by Robert S. Friedman
Professor and Former CONTU Member Arthur R. Miller, Amicus Curiae, represented by Theodore Stevenson III
Professor Eugene H. Spafford, PH.D., Professor Zhi Ding, PH.D., Professor Emeritus Lee A. Hollar., PH.D., Professor Adam Porter, PH.D., and Mr. Peter Kent, BSC,, Amicus Curiae, represented by Anne Marie Cappella
Professors Peter S. Menell, David Nimmer and Shyamkrishna Balganesh, Amicus Curiae, represented by Peter S. Menell
Python Software Foundation and Tidelift, Amicus Curiae, represented by Jill Margaret Wheaton
Ralph Oman, Amicus Curiae, represented by Marc Robert Lewis
Retail Litigation Center, Inc., Amicus Curiae, represented by Jonathan S. Massey
Rimini Street, Inc., Amicus Curiae, represented by Mark Andrew Perry
R Street Institute and Public Knowledge, Amicus Curiae, represented by Charles Duan
SAS Institute Inc., Amicus Curiae, represented by Elizabeth Rogers Brannen
Seventy Two Intellectual Property Scholars, Amicus Curiae, represented by Catherine Newby Crump
Small, Medium, and Open Source Technology Organizations, Amicus Curiae, represented by Jason M. Schultz
Software and System Developers and Engineers for United States Government Agencies, Amicus Curiae, represented by Andrew Phillip Bridges
Software Freedom Law Center, Amicus Curiae, represented by Eben Moglen
Software Innovators, Startups, and Investors, Amicus Curiae, represented by Joseph Carl Cecere
Synopsys, Inc., Amicus Curiae, represented by William McGinley Jay
Ten Creators' Rights Organizations, Amicus Curiae, represented by Nancy E. Wolff
The American Conservative Union Foundation, Amicus Curiae, represented by David L. Applegate
The American Library Association, The Association Of Research Libraries, The Association Of College And Research Libraries, And The Software Preservation Network, Amicus Curiae, represented by Brandon Collins Butler
The Association of American Publishers, Inc., Amicus Curiae, represented by Maria Ann Pallante-Hyun
The Recording Industry Association of America, et al., Amicus Curiae, represented by Frank Phillip Scibilia
The Robert Rauschenberg Foundation et al., Amicus Curiae, represented by John Paul Schnapper-Casteras
United States, Amicus Curiae, represented by Elizabeth B. Prelogar
USTelecom – The Broadband Association, Amicus Curiae, represented by Russell Paul Hanser