ORACLE AMERICA, INC. v. GOOGLE LLC , No. 17-1118 (Fed. Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 27, 2018.
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Case: 17-1118 Document: 316 Page: 1 Filed: 05/14/2021 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ORACLE AMERICA, INC., Plaintiff-Appellant v. GOOGLE LLC, Defendant-Cross-Appellant ______________________ 2017-1118, 2017-1202 ______________________ Appeals from the United States District Court for the Northern District of California in No. 3:10-cv-03561-WHA, Judge William H. Alsup. ______________________ Before O’MALLEY, PLAGER, and TARANTO, Circuit Judges. PER CURIAM. ORDER Upon consideration of the judgment of the Supreme Court of the United States in Google LLC v. Oracle America, Inc., No. 18-956, reversing and remanding to this court for further proceedings consistent with the opinion of the Supreme Court, IT IS ORDERED THAT: Case: 17-1118 Document: 316 Page: 2 Filed: 05/14/2021 ORACLE AMERICA, INC. 2 v. GOOGLE LLC (1) The mandate of this court issued on September 4, 2018 is recalled solely with respect to fair use. (2) Appeal No. 2017-1118 is reinstated. (3) This court’s March 27, 2018 judgment on the question of fair use is vacated. (4) The district court’s final judgment in favor of Google is affirmed. (5) No costs. FOR THE COURT May 14, 2021 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court
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