Nos. 2013-1021, 2013-1022.

750 F.3d 1339 (2014)

ORACLE AMERICA, INC., Plaintiff-Appellant, v. GOOGLE INC., Defendant-Cross-Appellant.

United States Court of Appeals, Federal Circuit.

May 9, 2014.

Attorney(s) appearing for the Case

E. Joshua Rosenkranz , Orrick, Herrington & Sutcliffe LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Mark S. Davies , Andrew D. Silverman , Kelly M. Daley ; and Annette L. Hurst , Gabriel M. Ramsey , and Elizabeth C. McBride , of San Francisco, CA. Of counsel on the brief were Dorian E. Daley , Deborah K. Miller , Matthew Sarboraria , and Andrew C. Temkin , Oracle America, Inc., of Redwood Shores, CA; and Dale M. Cendali , Diana M. Torres , Sean B. Fernandes , and Joshua L. Simmons , Kirkland & Ellis LLP, of New York, NY. Of counsel were Susan M. Davies , Kirkland & Ellis LLP, of New York, NY; Michael A. Jacobs , Morrison & Foerster LLP, of San Francisco, CA; and Kenneth A. Kuwayti , of Palo Alto, CA.

Robert A. Van Nest , Keker & Van Nest LLP, of San Francisco, CA, argued for defendant-cross-appellant. With him on the brief were Christa M. Anderson , Steven A. Hirsch , Michael S. Kwun , and Daniel E. Jackson. Of counsel on the brief were Ian C. Ballon and Heather Meeker , Greenberg Traurig, LLP, of East Palo Alto, CA; Renny Hwang , Google Inc., of Mountain View, CA; and Daryl L. Joseffer and Bruce W. Baber , King & Spalding LLP, of Washington, DC.

Marcia B. Paul , Davis Wright Tremaine LLP, of New York, NY, for amicus curiae Ralph Oman. With her on the brief were Lacy H. Koonce, III and Deborah A. Adler.

William A. Rudy , Lathrop & Gage LLP, of Kansas City, MO, for amici curiae Picture Archive Council of America, Inc., et al. With him on the brief were Carole E. Handler and Brianna E. Dahlberg , of Los Angeles, CA.

Gregory G. Garre , Latham & Watkins, LLP, of Washington, DC, for amici curiae Microsoft Corporation, et al. With him on the brief was Lori Alvino McGill. Of counsel on the brief were Paul T. Dacier , Krishnendu Gupta , EMC Corporation, of Hopkinton, MA; and Douglas Luftman , Netapp, Inc., of Sunnyvale, CA.

Jared Bobrow , Weil, Gotshal & Manges LLP, of Redwood Shores, CA, for amici curiae Eugene H. Spafford, Ph.D., et al. With him on the brief was Aaron Y. Huang.

Matthew S. Hellman , Jenner & Block LLP, of Washington, DC, for amicus curiae BSA/The Software Alliance. With him on the brief was Paul M. Smith.

Steven T. Cottreau , Clifford Chance U.S. LLP, of Washington, DC, for amici curiae, Scott McNealy, et al.

Meredith Jacob , Program on Information Justice and Intellectual Property, American University, Washington College of Law, of Washington, DC, for amici curiae Intellectual Property Law Professors.

Julie P. Samuels , Electronic Frontier Foundation, of San Francisco, CA, for amici curiae Computer Scientists. With her on the brief was Michael Barclay. Of counsel on the brief was Jason M. Schultz , NYU Technology Law and Policy Clinic, NYU School of Law, of New York, NY.

Jonathan Band , Jonathan Band PLLC, of Washington, DC, filed a brief for amicus curiae Computer & Communications Industry Association. With him on the brief was Matthew Schruers , Computer & Communications Industry Association, of Washington, DC.

Chad Ruback , The Ruback Law Firm, of Dallas, TX, filed a brief for amici curiae Rackspace US, Inc., et al.

Jennifer M. Urban , Samuelson Law, Technology and Public Policy Clinic, U.C. Berkeley School of Law, of Berkeley, CA for amici curiae Software Innovators, et al.

Before O'MALLEY, PLAGER, and TARANTO, Circuit Judges.

O'MALLEY, Circuit Judge.

This copyright dispute involves 37 packages of computer source code. The parties have often referred to these groups of computer programs, individually or collectively, as "application programming interfaces," or API packages, but it is their content, not their name, that matters. The predecessor of Oracle America, Inc. ("Oracle") wrote these and other API packages in the Java programming language, and Oracle licenses them on various terms...

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