On August 20, 2020, the U.S. Court of Appeals for the Ninth Circuit reversed summary judgment and remanded to the district court a copyright infringement dispute between Oracle America, Inc. and Hewlett Packard Enterprise Company (HP), finding that the district court failed to consider whether HP “exceeded the scope of a copyright license.”
.” In 2016, Oracle sued HP for direct copyright infringement concerning support contracts for Oracle’s Solaris software, and for indirect infringement concerning support contracts provided through HP’s partner, Terix Computer Company. The Ninth Circuit remanded the matter to the district court to consider whether HP and Tetrix installed software patches for their customers in violation of the licenses.
