Oracle

News & Analysis as of

Whistleblowers: No Reasonable Belief of Violation, No Protection

The SEC has been touting the large cash awards it has been handing out to whistleblowers. The agency views whistleblowers as a key source of potential information about wrong-doing which can give them tips and facilitate...more

Another Win for “Fair Use” as Jury Finds in Favor of Google in Infringement Suit

This week the final judgment was entered by United States District Court Judge William Alsup in favor of Google following a jury trial in its long running legal battle with Oracle over Google’s use of bits of the JAVA...more

Eighth Circuit Deals Significant Blow To SOX And Dodd-Frank Whistleblowers

On June 6, 2016, the Eighth Circuit affirmed the Minnesota District Court’s grant of summary judgment on SOX and Dodd-Frank whistleblower retaliation claims based on the plaintiff’s failure to establish a reasonable belief...more

8th Circuit Dismisses Sarbanes-Oxley and Dodd-Frank Retaliation Claims

In Beacom v. Oracle America, Inc., the United States Court of Appeals for the Eight Circuit considered retaliation claims under Sarbanes-Oxley and Dodd-Frank. The essence of the matter was a business unit of Oracle...more

Google’s Fair Use Defense Thwarts Oracle’s Attempt to Recover $9 Billion in Copyright Case

In a high-profile case, a jury recently found that Google’s use of portions of Oracle’s Java software code was allowable under the fair use doctrine and thus did not constitute copyright infringement. Oracle sought as much...more

Jury Determines Google protected by “Fair Use” against liability for its unauthorized use of Java APIs

In a stunning decision on May 26, 2016, a jury found that although Google was found guilty of copyright infringement, it would not be subject to billions of dollars in damages because the “Fair Use” Doctrine, as codified at...more

Android vs. Java: Copyright Update

By Richard Stobbe In a sprawling,  billion-dollar lawsuit that started in 2010, a jury yesterday returned a verdict in favour of Google, delivering a blow to Oracle.  (For those who have lost the thread of this story, see...more

Oracle vs. Google: More Than Just Coffee

Java – what does it mean to you? If you are like me, it’s your favorite morning beverage. It’s also an island in Indonesia that you hope to visit someday on a dive trip. If you are the owner of an Android smartphone, Java...more

PTAB Designates Five Decisions as Precedential

To date, the PTAB has been stingy in its designation of panel decisions as “precedential.” Indeed, before now, only 3 decisions in the AIA era had been designated as precedential. That number increased dramatically on May 10,...more

Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping

It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social...more

Judge Restricts Research Into Potential Jurors

The Federal Judge assigned to the copyright lawsuit Google Inc. against Oracle Corporation had taken a traditional approach in jury selection. U.S. District Judge William Alrup rejected the proposed jury questionnaire,...more

District Court Asks Google and Oracle to Consent to Ban on Internet Research of Jury Panel

Following up on the district court's previous ruling barring the use of jury questionnaires, the district court addressed the issue of whether any Internet research of the potential jurors should be permitted. After analyzing...more

Friend Request Denied: Judge Asks Attorneys to Refrain from Social Media Searches of Jurors

In late March 2016, a California federal judge asked both Google, Inc. and Oracle America, Inc. to voluntarily consent to a ban against Internet and social media research on empaneled or prospective jurors until the...more

Google and Oracle agree not to research potential jurors’ social media accounts

Litigating companies Google and Oracle have mutually agreed, at the strong recommendation of the presiding judge, to refrain from researching the social media accounts of a potential jury pool before and during a high stakes...more

Google and Oracle Agree to Ban Internet Research on Jurors … this Time Around

In a March 25, 2016 Order, Judge William Alsup of the Northern District of California gave Google and Oracle the choice between agreeing to a ban on conducting Internet and social media research on jurors until the trial is...more

Google Searches & Jury Selection: What Role Should Social Media Have in Voir Dire?

We have written previously about the role of traditional discovery roles in “newer” platforms, and how social media content can be discoverable and used in litigation. What about using information from social media in jury...more

Oracle v. Google: District Court Rejects Jury Questionnaire and Orders Parties to Show Cause Why the Court Should Not Ban Internet...

As the re-trial in the Oracle v. Google case approaches, both parties requested an opportunity to use a jury questionnaire followed by a limited, one hour oral voir dire. The district court reviewed the proposed questionnaire...more

Are We Witnessing A Pushback By Courts To Anti-SLAPP Motions?

As we approach the fifth anniversary of the date the DC anti-SLAPP statute became effective, recent decisions have me wondering if we are witnessing increased hostility against anti-SLAPP statutes nationwide?...more

Wage Suppression Antitrust Class Allegations Against Oracle Dismissed As Untimely

A 2009 Department of Justice (“DOJ”) investigation of the employment and recruitment practices of a number of Silicon Valley technology companies resulted in DOJ lawsuits against seven companies, followed by consent decrees...more

2015: A Year-End Review of Litigation Using California’s Anti-SLAPP Statute

Annually, California’s Courts of Appeal and the Ninth U.S. Circuit Court of Appeals regularly issue several dozen published opinions interpreting California’s anti-SLAPP statute, Civil Procedure Section 425.16 et seq., and...more

FTC’s PrivacyCon Highlights Consumer Privacy Perceptions and Targeting

The Federal Trade Commission is currently the most aggressive enforcement agency on privacy and data security. The agency kicked off 2016 with PrivacyCon on January 14, which put the spotlight on academic research on consumer...more

The FTC’s Recent Enforcement Action Against Oracle Further Expands the Growing Pool of Potential Data Security Defendants

On December 21, 2015, Oracle Corporation (“Oracle”) reached an agreement with the Federal Trade Commission (“FTC”) to settle charges that it allegedly deceived customers regarding the security provided by updates to its Java...more

FTC enters into settlement with Oracle over Java SE

The Federal Trade Commission (FTC) has announced that it has settled an investigation with Oracle over the software Java SE, which reportedly has been installed on over 850 million computers. According to the FTC’s press...more

PTAB Refuses to Honor “No-Challenge” Clauses

Thankfully, that patent case you litigated a few years back is long gone in the rear-view mirror. As the plaintiff, you received a nice lump sum payment and a going forward royalty. Even better, the defendant agreed to never...more

DOJ’s Warning to High-Tech Companies: SAP Official Pleads Guilty To FCPA Violation

When DOJ acts, they like to make a splash. While the FCPA Paparazzi have been lamenting the “slow down” in FCPA enforcement actions and the increase in case closings, DOJ still makes its mark when it acts, and I expect more...more

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