​​Patently Strategic - Patent Strategy for Startups

Google v. Oracle: The Future of Software and Fair Use

May 05, 2021 Aurora Consulting Season 1 Episode 2
​​Patently Strategic - Patent Strategy for Startups
Google v. Oracle: The Future of Software and Fair Use
Show Notes Chapter Markers

​Listen in as our expert panel breaks down Google v Oracle and what it means for the future of software development and fair use. This legal contest has been heralded as the “World Series of IP cases” and the “copyright case of the decade”.

It’s a landmark case, 11 years in the making, between two industry heavyweights – Google, the undisputed king of search and mobile operating system market share, accused of both patent and copyright infringement against Oracle, the owner of the ubiquitous Java API.

​At stake is a winner take or keep-all purse of $9 billion in damages and a Supreme Court ruling that will dictate the future of software interface copyright law. Ashley Sloat, President & Director of Patent Strategy here​​ at Aurora, serves as your guide, cutting through 11 years of case law, 3 trials, 2 appeals, and endless technology metaphors, all in an illuminating IP conversation that runs the gamut from patent infringement to copyright violation and ultimately settles on a matter of fair use doctrine. 

Ashley is joined today by an exceptional group of IP and tech domain experts including:

* Steve Stupp, Partner at Stupp Associates, LLC
* David Jackrel, President of Jackrel Consulting
* David Cohen, Principal at Cohen Sciences
* Katrin Kareht, Sr. Director of Intellectual Property at Perfect Day
* Daniel Wright, Partnership Manager and Patent Strategist at Aurora Consulting
* Shelley Couturier, Patent Strategist and Search Specialist at Aurora  Consulting
* Dominic Filice, Patent Expert at Parola Analytics, Inc.
* Josh Sloat, Executive Technology Advisor at Aurora  Consulting

** Resources **

Slides: https://www.slideshare.net/JoshSloat1/google-v-oracle-the-future-of-software-and-fair-use

* Show notes: https://www.aurorapatents.com/blog/new-podcast-google-v-oracle

* Supreme Court Opinion: https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf


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And as always, thanks for listening! 

Note: The contents of this podcast do not constitute legal advice.

Fight Arena 2 by SyntaxSeed via 

Guest intros and spirit animals
Case overview
Historical context
Software vocab primer
Software @ the intersection of patents and copyright
Patent infringement claims
Copyright provisions
Four factor fair use test
Ruling perspectives: Purpose and character of the use
Ruling perspectives: Nature of the copyrighted work
Ruling perspectives: Quality and quantity taken
Ruling perspectives: Effect on market
The results: Fed circuit, SCOTUS majority, and SCOTUS dissent opinions
Lasting impacts on IP law and the software industry