SAN FRANCISCO — When trial commenced earlier this month in U.S. District Judge William Alsup’s courtroom, Oracle Corp. seemed to have all the momentum in its copyright rematch with Google Inc.
It had an energetic new trial team led by Peter Bicks and Annette Hurst from Orrick, Herrington & Sutcliffe. It had a streamlined case. And it had a favorable determination from the U.S. Court of Appeals for the Federal Circuit establishing that Google infringed copyrights for basic elements of the Java programming language in building its hugely profitable Android mobile operating system. What the jury was left to decide was whether Google’s use of 37 application programming interfaces, or APIs, in Android was a protected fair use under copyright law.
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