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On November 20, 2019, the USPTO published a new, consolidated edition of the AIA Trial Practice Guide. The updates include--institution of trial after SAS; use of sur-replies in lieu of observations; use of word counts; default protective order; sample scheduling order for derivation proceedings; and how parties may contact the Board to request an initial conference call.
Consolidated Edition is available here.
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The U.S, Supreme Court granted certiorari in the copyright case between Oracle and Google over the use of Java in Google's Android OS. Google LLC v. Oracle Am., Inc., No. 18-956 (Nov. 15, 2019) (cert granted). Two questions are presented in this case: (1) Whether copyright protection extends to software interface; and (2) whether the use of software interface in creating a new computer program a fair use.
Oracle sued Google in N.D.Cal. for copyright violations for using 37 packages of Java API in Android OS. Google claimed fair use to allegations of copyright infringement. Jury found Google guilty of infringement but was deadlocked on fair use. Therefore, the district judge ruled that the API packages were not copyrightable. Oracle appealed to the Federal Circuit and the appeals court reversed the district court find that the SSO of Java API packages were copyrightable. Google then filed a writ to the Supreme Court but the Court denied review based on the Solicitor General's views. The case then went back to the district court. In the second trial, Google won on fair use defense. Oracle then appealed to the Federal Circuit and it once again reversed the district court concluding that Google's use of Java API packages was not fair use. Google then filed a writ and the Supreme Court granted cert. |
Disclaimer: The content in this blog is solely for informational purposes and does not constitute legal advice.
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