Oracle requested a judgement as a matter of law (JMOL) that the case dismiss any fair use defense since the jury was split, as well as to overturn the jury's decision on eight security-related files that they had reviewed and found non-infringing but which Google had stated they copied verbatim; Alsup concurred. Google asked for a similar JMOL related to rangeCheck, but Alsup denied this request. The patent phase began on May 7, 2012, with the same jury. By the time of trial, Oracle's patent case comprised claims from two patents, 6,061,520 (Method and system for performing static initialization), (the '520 patent) and RE38104 (Method and apparatus for resolving data references in generated code). (the '104 patent). Google pursued a non-infringement defense. For the '520 patent, they argued that they were using parsing for optimizing static initialization, rather than "simulating execution" as the claim required. For the '104 patent, they argued that the instruction did not include a symbolic reference. On May 23, 2012, the jury found non-infringement on all patent claims. Judge Alsup issued the final verdict for both these phases on May 31, 2012. While the jury had found for Oracle regarding copyright infringement of the APIs, Alsup determined that the APIs were not copyrightable in the first place: Alsup did agree with the jury that the rangeCheck function and eight security files were a copyright infringement, but the only relief available was statutory damages up to a maximum of As a result of these rulings and a stipulation, there was no jury damages phase. The parties agreed to zero dollars in statutory damages for the small amount of copied code by June 2012. First appellate ruling Shortly following the conclusion of the District Court case, both parties attempted to file additional JMOLs on elements of the ruling which Alsup dismissed, leading to Oracle appealing the decision and Google filing a cross-appeal on the literal copying claim. Because the case involved claims related to patents, the appeal was automatically assigned to the United States Court of Appeals for the Federal Circuit. The hearing was held on December 4, 2013, and the judgment was released on May 9, 2014. The court noted that Copyright Act provides protection to "original works of authorship fixed in any tangible medium of expression" (p. 17). The legislative history explains that literary works include "computer programs to the extent that they incorporate authorship in