U.S. Solicitor General and Others Support Rimini Street Position in Supreme Court Case
Company seeks $12.8 million refund of costs paid to Oracle
LAS VEGAS–(BUSINESS WIRE)–#RMNI—Rimini
Street, Inc. (Nasdaq: RMNI), a global provider of enterprise
software products and services, and the leading third-party support
provider for Oracle and SAP software products, provided the following
statement relating to Rimini Street v. Oracle, which is currently
pending before the United States Supreme Court:
“The Solicitor General of the United States recently filed an amicus
curiae brief in the United States Supreme Court case of Rimini
Street v. Oracle. The Solicitor General’s brief endorses Rimini
Street’s interpretation of the Copyright Act’s cost-shifting provision,
concluding that ‘[Oracle’s] contrary reading … stretches [the statute]
beyond what its text can bear.’ The brief further concludes that the U.S
District Court award of $12.8 million in non-taxable litigation expenses
to Oracle, and the subsequent affirmance by the Ninth Circuit Court of
Appeals, were erroneous and should be reversed.
The case is expected to be argued in early 2019. If the Supreme Court
reverses the decision, Oracle will be ordered to refund the $12.8
million to Rimini Street. This refund would be in addition to the $21.5
million Oracle was previously ordered to refund to Rimini Street by the
Ninth Circuit Court of Appeals, which Oracle paid in March 2018.
Rimini Street has appealed the decision of the Ninth Circuit Court of
Appeals affirming an award of non-taxable costs as part of the final
judgment awarded to Oracle in 2016. On September 27, 2018, the Supreme
Court granted Rimini Street’s petition for review. On appeal, Rimini
Street argues that the award of $12.8 million in non-taxable costs is in
direct conflict with decisions of other federal circuit courts and the
Supreme Court.
In addition to the United States Solicitor General, the prestigious
American Intellectual Property Law Association also filed an amicus
curiae brief in the case, stating that ‘[t]he interests of the
copyright registration system, certainty, and predictability weigh
against permitting … [statutory] awards for non-taxable costs. This
constraint provides greater uniformity and better aligns with the
policies underlying the Copyright Act.’
Rimini Street’s position is also supported in amici curiae briefs
filed by Professor Patrick Gillen, a scholar who has written on the
history and scope of federal cost-shifting statutes, and a group of law
school professors and scholars of corpus linguistics, who research the
use and meaning of language. All of these amici curiae argue that
the Ninth Circuit Court of Appeals decision was erroneous.
Rimini Street looks forward to the argument before the Supreme Court,
and is confident that it will result in a reversal of the Ninth Circuit
Court of Appeals judgment on non-taxable costs, achieve national
consistency to interpretation of the Copyright Act by courts, and bring
the refund of $12.8 million previously paid by Rimini Street to Oracle
in 2016.”
About Rimini Street, Inc.
Rimini Street, Inc. (Nasdaq: RMNI) is a global provider of enterprise
software products and services, and the leading third-party support
provider for Oracle and SAP software products. The Company has redefined
enterprise software support services since 2005 with an innovative,
award-winning program that enables licensees of IBM, Microsoft, Oracle,
Salesforce, SAP and other enterprise software vendors to save up to 90
percent on total maintenance costs. Clients can remain on their current
software release without any required upgrades for a minimum of 15
years. Over 1,700 global Fortune 500, midmarket, public sector and other
organizations from a broad range of industries currently rely on Rimini
Street as their trusted, third-party support provider. To learn more,
please visit http://www.riministreet.com/,
follow @riministreet
on Twitter and find Rimini Street on Facebook
and LinkedIn.
(C-RMNI)
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historical facts. These statements are subject to a number of risks and
uncertainties regarding Rimini Street’s business, and actual results may
differ materially. These risks and uncertainties include, but are not
limited to, continued inclusion in the Russell 2000 Index in the future;
changes in the business environment in which Rimini Street operates,
including inflation and interest rates, and general financial, economic,
regulatory and political conditions affecting the industry in which
Rimini Street operates; adverse developments in pending litigation or in
the government inquiry or any new litigation; the final amount and
timing of any refunds from Oracle related to our litigation; our need
and ability to raise additional equity or debt financing on favorable
terms; the terms and impact of our 13.00% Series A Preferred Stock;
changes in taxes, laws and regulations; competitive product and pricing
activity; difficulties of managing growth profitably; the success of our
recently introduced products and services, including Rimini Street
Mobility, Rimini Street Analytics, Rimini Street Advanced Database
Security, and services for Salesforce Sales Cloud and Service Cloud
products; the loss of one or more members of Rimini Street’s management
team; uncertainty as to the long-term value of Rimini Street’s equity
securities; and those discussed under the heading “Risk Factors” in
Rimini Street’s Quarterly Report on 10-Q filed on November 8, 2018,
which disclosures amend and restate the disclosures appearing under the
heading “Risk Factors” in Rimini Street’s Annual Report on Form 10-K
filed on March 15, 2018, and as updated from time to time by Rimini
Street’s future Quarterly Reports on Form 10-Q, Current Reports on Form
8-K, and other filings by Rimini Street with the Securities and Exchange
Commission. In addition, forward-looking statements provide Rimini
Street’s expectations, plans or forecasts of future events and views as
of the date of this communication. Rimini Street anticipates that
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Street specifically disclaims any obligation to do so, except as
required by law. These forward-looking statements should not be relied
upon as representing Rimini Street’s assessments as of any date
subsequent to the date of this communication.
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Contacts
Michelle McGlocklin
Rimini Street, Inc.
+1 925 523-8414
mmcglocklin@riministreet.com