Oracle America, Inc. v. Google LLC (Fed. Cir. 2021)
Earlier this year, the US Supreme Court decided this case in favor of Google’s fair use argument and rejecting the Federal Circuit’s opposite conclusion. On remand, the Federal Circuit has now issued a short order in the case sending it back down to the District Court.
In its order, the Federal Circuit recalled its mandate in the case “solely with respect to fair use.” That means that its judgment favoring Oracle on the question of copyrightability still stands. Finally, the “district court’s final judgment in favor of Google is affirmed.” Neither party had filed additional briefs in the appeal following the Supreme Court’s decision.