The firm served as lead counsel for Google Inc., in defending copyright infringement lawsuits brought by the Author’s Guild, et al., and separately by McGraw-Hill and four other large New York publishers in the U.S. District Court for the Southern District of New York. The complaint alleged that Google’s "Book Search" project (involving the scanning of books in the libraries at Michigan, Harvard, Stanford, The New York Public Library and Oxford University) infringes the copyrights of millions of authors and publishers.
The firm was successful on behalf of the universities, first before the district court and again before the Second Circuit Court of Appeals. The Second Circuit decision, while constituting a resounding victory for the universities (and by implication Google) on all issues of consequence, remanded on one particular narrow issue of fact and law. In January 2015, the parties resolved that issue in a way overwhelmingly favorable to our clients bringing, after four years, closure to what has been widely hailed as one of the most significant copyright cases of the past decade.
The Authors Guild v. Google Inc., No. 1:05-cv-08136 (S.D.N.Y. filed Sept. 20, 2005).