Google Wants Redo of Appeals Court Ruling in Oracle Fight

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By Anandashankar Mazumdar

Alphabet Inc.'s Google has asked a federal appeals court that handed a victory to Oracle America Inc. in a $8.8 billion copyright infringement case to reconsider its ruling.

In March, three judges of the U.S. Court of Appeals for the Federal Circuit said that Google’s copying of portions of Java to create the Android operating system didn’t qualify as fair use. Google has asked the full court to reconsider the ruling.

The tech titans have been fighting since 2010 in what has been called the copyright lawsuit of the decade. The companies landed before the Federal Circuit once before in 2014 over whether Oracle could claim copyright protection in the code Google copied. Google lost that ruling and went back down to trial, where the search giant won a fair use ruling.

An Oracle spokesperson didn’t immediately respond to an emailed request for comment on Google’s May 29 filing.

The case is Oracle Am. Inc. v. Google Inc., Fed. Cir., No. 17-1118, en banc rehearing sought 5/29/18 .

-- Michaela Ross contributed to this story.

To contact the reporter on this story: Anandashankar Mazumdar in Washington at amazumdar@bloomberglaw.com

To contact the editor responsible for this story: Rebecca Baker at rbaker@bloomberglaw.com

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