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NOTE: This order is nonprecedential.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 Amer- ica, 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

2 ORACLE AMERICA, INC. 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 ques- tion 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 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court