Intellectual Property Litigation

Copyright in Computer APIs: Does Oracle v Google Presage a Bleak Future?

Synopsis

This course provides an in-depth view of the recent landmark decision of Oracle v. Google, as well as the issues on appeal, the definition of an application programming interface, the various amicus briefs submitted in connection with the appeal, and the potential implications of a decision on appeal.



Outline

I. Overview of Oracle v. Google Case
    A. Java
        1. What Is Java?
        2. Object Oriented Programming Language
        3. API
    B. Android Architecture
    C. History of the Case
         1. Initial Positions
         2. Court Findings
    D. Oracle's Issues on Appeal
         1. Direct Appeal by Oracle
         2. Oracle Takes Issue with Court's Ruling
         3. Cases to Support Oracle's Argument
    E.  Google's Response
    F.  Additional Issues on Appeal
    G.  Amicus Briefs and Affirmance
    H.  International Policy View
         1.  The EU Software Directive
         2.  SAS Institute vs. World Programming Ltd.
         3.  CJEU Vote on SAS Case
         4.  Differences Between the U.S. and EU
     I.  Conceptual Tools of Copyright
         1.  Content vs. Style
         2.  Should Compute Programs Be Copyrightable?
     J.  Panel and Audience Discussion   
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The American Intellectual Property Law Association (AIPLA) is a national bar association constituted primarily of lawyers in private and corporate practice, in government service, and in the academic community, with approximately 16,000 members. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, and unfair competition law, as well as other fields of law affecting intellectual property. Our members represent both owners and users of intellectual property.

AIPLA was formed in 1897 to maintain a high standard of professional ethics, to aid in the improvement in laws relating to intellectual property and in their proper interpretation by the courts, and to provide legal education to the public and to its members on intellectual property issues.

AIPLA is governed by a Board of Directors and has a staff of 25, headed by an Executive Director, located in Arlington, Virginia. AIPLA has more than 45 administrative and substantive committees which provide education to their members and formulate proposed positions for the Board of Directors to consider adopting as Association policy.
AIPLA is also actively involved in shaping US intellectual property policy through its work on legislation, federal regulations, and intellectual property cases in the US courts. Internationally, AIPLA has spearheaded a worldwide campaign to reduce the costs of procurement and enforcement of patents and trademarks, regularly participates in meetings of the Word Intellectual Property Organization, and maintains close relations with foreign IP officials and practitioners.

To qualify for membership, applicants must be members in good standing of the Bar of a court of record of the United States or any State. Foreign affiliate members must be able to practice in a court of general jurisdiction in their countries, or registered to practice before the Patent or Trademark Office in their country of citizenship or practice, to be considered for membership. AIPLA also has student affiliate memberships available for those regularly enrolled in a law school approved by the Association of American Law Schools and affiliate membership is available to patent agents who are registered with the USPTO. Approximately 63% of the regular members are in private practice, 33% in corporate practice, with the remainder in the government or academia. See our membership application for more information.

AIPLA conducts three regularly scheduled conferences a year, mid-winter, spring, and fall, at which the Association offers educational seminars on the latest developments in intellectual property law. In addition, AIPLA conducts several stand-alone seminars on specialized areas of intellectual property law throughout the year around the country, as well as online educational programs.

The Association produces a number of informative publications including the AIPLA Quarterly Journal (a scholarly law journal published four times a year), the AIPLA Bulletin (an overview of AIPLA meetings published electronically three times a year, and meeting papers from the regularly scheduled conferences and nationwide seminars. The Association also provides its members online access to a membership directory. Finally, AIPLA biennially publishes the Report of the Economic Survey, providing a significant benchmarking tool for compensation and charges in the intellectual property law field.

 




Prerequisites/Advanced Preparation:



Speakers / Authors:

Photo of Marc Hubbard

Marc Hubbard

A registered patent attorney, Marc Hubbard has practiced exclusively in the field of intellectual property law since graduating from law school in 1988. He was a partner for a number of years in a couple of large, general practice law firms in Dallas before starting Hubbard Law in 2012.

Mr. Hubbard regularly represents public and private companies of all sizes, startup and early stage technology ventures, private equity and venture capital firms, and universities in various aspects of their patenting, licensing, litigation and other activities involving patents, trademarks and copyrights. The majority of his patent related experience has involved inventions in the mechanical, electrical, materials, computer software and business methods fields.

Mr. Hubbard will become chair of the AIPLA’s Patent Law Committee at the conclusion of the 2013 Annual Meeting. He serves on the board of the Dallas Bar Association’s Intellectual Property Law Association and the executive committee of the Institute of Law and Technology at the Center for American and International Law (Plano, Texas.) He is also a Master in the Barbara M.G. Lynn American Inn of Court in Dallas, Texas.

Mr. Hubbard received his J.D. from Southern Methodist University Dedman School of Law in 1988 and his B.S. from Swarthmore College in 1985.

Photo of Matthew Wagner

Matthew Wagner 

Matthew C. Wagner is a partner at DMOC and Chair of the Intellectual Property Department. Matt serves as lead counsel in intellectual property litigation and the procurement, defense and enforcement of intellectual property rights.

His primary practice areas are copyright, trademark, patent litigation, trade secrets, unfair competition, domain names and false advertising. He regularly handles all forms of intellectual property litigation in federal courts throughout the United States (including trials and appeals), licensing and transactional matters.

Mr. Wagner counsels clients on branding and trademark registration worldwide, including portfolio management and all aspects of trademark prosecution, oppositions and cancellations at the United States Patent and Trademark Office (PTO), its Trademark Trial and Appeal Board (TTAB), and the World Intellectual Property Organization (WIPO). He has also acted as an expert in trademark litigation.

Mr. Wagner is active in AIPLA and regularly participates as a Member of several committees. He is presently the incoming Vice Chair of the Copyright Law Committee, and Chair of its Legislative and Regulatory Affairs Sub-Committee. As a Member of the Trademark Law Committee and its Special Committee on Legislative Affairs, in 2012 Matt co-authored a White Paper in Support of Resolutions Supporting Proposed Legislation To Amend Lanham Act Remedies Sections Relating To Monetary Awards For Actual Damages And Accountings Of Infringer’s Unjust Enrichment Profits.

Mr. Wagner received his J.D. from Western New England School of Law in 1996, and his B.A. from the University of Rochester in 1992.

Photo of Robert Brauneis

Robert Brauneis

Robert Brauneis is a Professor of Law at The George Washington University Law School. During the academic year 2013-2014, he is serving as the Abraham L. Kaminstein Scholar in Residence at the United States Copyright Office.

After graduating from Harvard Law School, Professor Brauneis as a law clerk to Judge Stephen G. Breyer of the U.S. Court of Appeals for the First Circuit (now Justice Breyer), and to Justice David H. Souter. Professor Brauneis has also served as an Assistant Corporation Counsel for the City of Chicago.

Professor Brauneis is currently a member of the Managing Board of the Munich Intellectual Property Law Center, and the Co-Chair of the DC Chapter of the Copyright Society of the USA. He is the co-author (with Roger E. Schechter) of Copyright: A Contemporary Approach, and the author of numerous articles on copyright and trademark law.

Professor Brauneis' teaching interests include property, copyright, trademark, and intellectual property theory. He is a member of the Managing Boards of the Munich Intellectual Property Law Center and the Creative and Innovative Economy Center. In 2007-08, he served as President of the Giles S. Rich American Inn of Court.

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Price (USD)

Standard Rate: $173.00
Subscribers: FREE
Pillsbury U Online: $173.00

Details

Course Code : 772593

Release Date: 04/15/2014


Length: 1hr 28min
Recorded Date: 10/25/2013


Format Type: eLearning
Mobile Compatible


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