Intellectual Property Law

New Matter SUMMER 2021, Volume 46, Number 2

Ninth Circuit Report

Anne-Marie Dao

Troutman Sanders LLP


Happy Summer, Ninth Circuit report readers! Hopefully this is one of the last times I will write that I hope everyone is staying safe (and I do hope you all are). This issue gives a long-awaited update on Google v. Oracle. As you may recall, oral argument, which was to occur March 24, 2020 was delayed until October 7, 2020. The Supreme Court just rendered its opinion on (1) whether copyright protection extends to a software interface; and (2) whether, as the jury found, the petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use.

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