holds a Ph.D. degree in Bioengineering from the University of Illinois at Chicago, and an M.B.A. degree jointly conferred by Oregon Health & Science University and Portland State University. After working thirteen years as a research engineer in the medical device industry, he changed his career path to intellectual property law. Currently, he works full-time as a patent agent at Klarquist Sparkman, LLP, while studying part-time at the Lewis & Clark Law School.
For more information or to contact Jie, please visit his Firm Profile Page.
The Federal Circuit recently decided the case of Oracle America v. Google Inc. To “attract Java developers to build apps for Android,” Google copied the declaring code, but wrote its own implementing code for the 37 Java API packages. Id at 1187. Previously, the Federal Circuit held that “[the] declaring code and the structure, sequence, and organization (‘SSO’) of the Java API packages are entitled to copyright protection.” . On the other hand, the Federal Circuit also recognized that a reasonable jury could find that “the functional aspects of the packages” are “relevant to Google’s fair use defense.” In this key decision that has the potential to rock the software industry, the Court of Appeals for the Federal Circuit rejected the jury verdict and found that “Google’s use of the 37 Java API packages was not fair as a matter of law.