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After 15 years of litigation, a copyright law battle between
software support company Rimini Street ( RMNI ) and tech giant
Oracle is headed back to a U.S. appeals court, as
Rimini fights to overturn $58 million in legal fees awarded to
Oracle in the case in September.
Rimini's lawyers at Weil, Gotshal & Manges and Gibson, Dunn
& Crutcher in their opening brief this week asked the 9th U.S.
Circuit Court of Appeals to reject the fee award as unjustified.
A federal judge in Nevada awarded the fees to Oracle last
year after finding it had substantially prevailed on its
copyright infringement claims against Las Vegas-based Rimini,
which provided technical support for Oracle enterprise software
clients starting in 2008.
Oracle first sued Rimini in 2010, accusing it of illegally
using its software and support materials for Rimini clients.
Rimini was ordered to pay Oracle $90 million following a 2015
jury verdict, including $58.1 million in damages and $31.9
million in attorneys' fees and costs.
Rimini in a separate 2014 lawsuit asked a judge to rule that
it had stopped infringing Oracle's copyrights. The judge found
in a bench ruling in 2023 that Oracle prevailed on some of its
copyright allegations, though the 9th Circuit vacated most of
that decision in December.
Weil's Mark Perry, a lead appellate lawyer for Rimini,
argued in the company's latest appeal that Oracle had failed
"after more than a decade of scorched-earth litigation" to
succeed on copyright claims for which it once sought more than
$1.4 billion in damages.
"It is exceptionally clear that Oracle is not the prevailing
party and is not entitled to an award of the tens of millions of
dollars it spent losing this case," Rimini told the San
Francisco-based 9th Circuit.
Rimini said the case produced "a mixed-result" that does not
warrant awarding fees to either side. In the least, Rimini
argued, the appeals court should find that Oracle's fee award
was "dramatically excessive" and should be significantly
reduced.
Oracle and Rimini did not immediately respond to requests
for comment.
-- Eight U.S. states and the District of Columbia have asked a
federal judge to award them legal fees for winning an order in
federal court blocking Kroger's now-abandoned $25 billion deal
for grocery rival Albertsons.
U.S. District Judge Adrienne Nelson will weigh the fee
request. The states did not ask for a specific amount, but the
total could reach millions of dollars.
-- President Donald Trump's pick to lead the Office of the
Comptroller of the Currency, Jonathan Gould of Jones Day,
disclosed $1.6 million in salary on an ethics form submitted as
part of his nomination. Gould said he provided legal services to
banking and financial clients including Citigroup, JPMorgan
Chase, Wells Fargo and Goldman Sachs.
In another filing, William Kimmitt, a nonequity partner at
law firm Kirkland & Ellis, disclosed $254,000 in salary on an
ethics form submitted as part of his nomination to a post at the
U.S. Treasury Department. Kimmitt said he provided legal
services to BASF and Dell, among other clients.
Trump has turned to some of the country's biggest law firms
to fill key slots, including Jones Day; Gibson, Dunn & Crutcher;
and WilmerHale.
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