For many who draft, prosecute, or examine software-based claims, the Supreme Court’s 2014 opinion in Alice Corporation Pty. Ltd. v. CLS Bank International (Alice) kicked off an era of.
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Ending a struggle between two tech titans stretching over more than a decade, the Supreme Court held in a 6-2 opinion that Google’s copying of key portions of the Application Programming Interface (API) of Oracle’s Java SE software, constituting 11,500 lines of computer code, was fair use. In determining that Google’s copying of the API constituted fair use, the Court, on April 5, reversed a 2018 Federal Circuit decision that held otherwise. The background of the case and the Federal Circuit decision are reported by Tom Carey of our firm in detail