Oracle America, Inc. v. Google Inc.
Filing
1869
PROPOSED JURY INSTRUCTION. Signed by Judge Alsup on 5/11/16. (whalc1, COURT STAFF) (Filed on 5/11/2016)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,
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For the Northern District of California
United States District Court
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No. C 10-03561 WHA
Plaintiff,
v.
GOOGLE INC.,
PROPOSED JURY
INSTRUCTION
Defendant.
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To head off potential confusion and speculation by the jury, the Court seeks the
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guidance of counsel on the statement below (for the jury). Please meet and confer and discuss
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on Friday morning.
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You have already heard from a witness that we have already had one trial in this case.
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That was in 2012. The jury found that Google infringed Sun/Oracle’s copyright by using the
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declaring code and structure, sequence, and organization of the 37 APIs subject only to further
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determination whether or not the use was a fair use, which determination was not made one way
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or the other. The jury rejected Oracle’s claim that Google infringed its copyrights in the
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specification documentation for the 37 APIs and also rejected Oracle’s claim that Google
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infringed various patents held by Oracle. The trial judge held, however, that the declaring lines
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of code and their structure, sequence, and organization were not copyrightable under the
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Copyright Act. On appeal, the Court of Appeals for the Federal Circuit disagreed with regard to
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copyrightability and held that the declaring lines of code and their structure, sequence, and
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organization were copyrightable and sent the case back here for this trial on fair use and,
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depending on that verdict, for damages and other relief. This is the trial we are now having. So
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as this case comes to us now, it is a given as a matter of law that the declaring lines of code and
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their structure, sequence, and organization of the 37 APIs are copyrightable and thus subject to
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protection under the law subject only to the right of fair use if it applies. And it is a given that
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Android used the declaring code and structure, sequence, and organization of the 37 APIs.
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From time to time you will hear testimony from the prior trial and this will count as evidence,
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just as evidence presented here counts as evidence.
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For the Northern District of California
United States District Court
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IT IS SO ORDERED.
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Dated: May 11, 2016.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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