Rimini Street Inc. v. Oracle USA Inc.
Issues
Does the phrase “full cost” as used in the Copyright Act and codified at 17 U.S.C. § 505 encompass non-taxable litigation expenses, including expert witness expenses and e-discovery fees beyond the statutorily enumerated taxable costs and rate setting prescribed in 28 U.S.C. §§ 1920 and 1821?
This case asks the Supreme Court to interpret Section 505 of the Copyright Act and to decide whether it authorizes courts to award litigation costs that are non-taxable as specified in 28 U.S.C. § 1920. Specifically, Section 505 of the Copyright Act states that “the court in its discretion may allow the recovery of full costs,” and the dispute hinges on the meaning of “full costs.” The lower court determined that Rimini Street Inc. (“Rimini”) and its CEO, Seth Ravin (“Ravin”), infringed copyrights held by Oracle USA, Inc. (“Oracle”), and the court ordered Rimini and Ravin to recompense Oracle for certain litigation costs that are not taxable. The parties’ arguments draw on the structure of the statutes and historical practice. The Supreme Court’s decision could have a meaningful impact on future copyright infringement litigation because the available awards could alter parties’ incentives to sue.
Questions as Framed for the Court by the Parties
Whether the Copyright Act’s allowance of “full costs,” 17 U.S.C. § 505, to a prevailing party is limited to taxable costs under 28 U.S.C. §§ 1920 and 1821, as the U.S. Court of Appeals for the Eighth and Eleventh Circuits have held, or whether the act also authorizes non-taxable costs, as the U.S. Court of Appeals for the Ninth Circuit holds.
In 2010, Oracle USA, Inc. et al. (“Oracle”) commenced suit against Rimini Street, Inc. (“Rimini”) and Rimini’s CEO, Seth Ravin (“Ravin”), in the United States District Court for the District of Nevada, alleging infringement of the Copyright Act and violation of certain state laws against computer-based fraud.
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Additional Resources
- Stephanie Condon, Rimini Street Takes Oracle to the Supreme Court Over Litigation Costs, ZDNet (Sept. 27, 2018).
- Lisa Organ, Oracle v. Rimini Street Lawsuit: A Guide, Forbes (Dec. 6, 2018).
- Steve Brachmann, Supreme Court to Hear Rimini Street v. Oracle to Decide if Copyright Act Authorizes Non-taxable Costs, IPWatchdog (Oct. 9, 2018).