Export Compliance Daily is a Warren News publication.

High Court Reverses Oracle’s $12.8M Award in Software Copyright Case

Software company Rimini Street doesn’t have to pay Oracle $12.8 million in litigation costs, the Supreme Court ruled unanimously Monday, reversing a lower court’s award in Oracle’s successful 2010 copyright infringement lawsuit. Oracle accused Rimini of using Oracle support and…

Sign up for a free preview to unlock the rest of this article

Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.

software materials without license, upheld by the 9th U.S. Court Circuit Court of Appeals in 2018. The costs included Oracle’s expert witness fees, e-discovery and jury consulting. Justice Brett Kavanaugh’s opinion cites limits on the term “full costs,” which doesn’t include “other” expenses: “A ‘full moon’ means the moon, not Mars. A ‘full breakfast’ means breakfast, not lunch.” Full costs means costs specified in the general costs statute, Kavanaugh wrote. Rimini said the decision has “national significance in copyright law.” Rimini looks forward to “continuing our fierce competition with Oracle in the marketplace by providing the best enterprise software support service and value for Oracle licensees worldwide,” CEO Seth Ravin said. The refund is in addition to $21.5 million Oracle returned to Rimini in a previous appeal. The high court’s “narrow” decision doesn’t change the “fundamental” fact that Rimini “engaged in a massive theft of Oracle's IP and tried to cover it up by destroying evidence and engaging in other litigation misconduct,” Oracle said.