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Supreme Court Again Seeks U.S. Government Views in Java Case

Today the Supreme Court again invited the Solicitor General (SG) to file a brief in the long-running copyright litigation between Oracle and Google.

This is the second time the Supreme Court has issued such an order in this case.  In January 2015, the Court also invited the SG to file a brief, leading to a June 2019 U.S. Government brief that was “peculiar” for a number of reasons.  Given that timeline, the Government’s brief this round is unlikely to be filed until the fall.

The last time the Court reviewed this case, DisCo discussed the significance of a “CVSG” (Call for the Views of the SG) order in copyright cases, and reviewed some data on how often they occur — and how often they lead to a grant of certiorari.  (This research did not appear to discuss how often there has been a CVSG order in the same case twice!)

For more information on this case, DisCo’s updated resource page may be found here.

Intellectual Property

The Internet enables the free exchange of ideas and content that, in turn, promote creativity, commerce, and innovation. However, a balanced approach to copyright, trademarks, and patents is critical to this creative and entrepreneurial spirit the Internet has fostered. Consequently, it is our belief that the intellectual property system should encourage innovation, while not impeding new business models and open-source developments.