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Rimini Street, Inc., et al. v. Oracle USA, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-16832, 16-16905 · judgment January 8, 2018

Decided · March 4, 2019
Pre-decision estimate: 22% cert probability (95% interval 16%–28%)

Before the decision, about 5.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

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 Eighth and Eleventh Circuits have held, or also authorizes non-taxable costs, as the Ninth Circuit holds. JUSTICE ALITO TOOK NO PART January 3, 2019 JUSTICE ALITO IS NO LONGER RECUSED.

Counsel of record

For petitioner
Mark Andrew Perry
Weil, Gotshal & Manges, LLP

For respondent
Paul D. Clement
Clement & Murphy, PLLC

Case

Conference history
Distributed for 1 conference

Amicus briefs
10 merits
(4 supporting pet./neither, 6 respondent)

Argument & decision

Argued January 14, 2019 — Mark A. Perry · Paul D. Clement. Audio and transcript

Decided March 4, 2019. Opinion by Kavanaugh.

Proceedings

  1. Apr 05 2019
    JUDGMENT ISSUED.
  2. Mar 04 2019
    Adjudged to be REVERSED IN PART and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court.
  3. Jan 14 2019
    Argued. For petitioners: Mark A. Perry, Washington, D. C.; and Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul D. Clement, Washington, D. C.
  4. Jan 04 2019
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
  5. Jan 04 2019
    Reply of petitioners Rimini Street, Inc., and Seth Ravin filed. (Distributed)
  6. Jan 03 2019
    Justice Alito is no longer recused in this case.
  7. Dec 20 2018
    Brief amicus curiae of Ralph Oman filed. (Distributed)
  8. Dec 20 2018
    Brief amici curiae of Scholars of Linguistics filed. (Distributed)
  9. Dec 20 2018
    Brief amici curiae of National Music Publishers' Association, and Recording Industry Association of America filed. (Distributed)
  10. Dec 20 2018
    Brief amicus curiae of BSA | The Software Alliance. filed. (Distributed)
  11. Dec 20 2018
    Brief amicus curiae of Copyright Alliance filed. (Distributed)
  12. Dec 20 2018
    Brief amicus curiae of Professor Steven Baicker-Mckee filed. (Distributed)
  13. Dec 13 2018
    Brief of respondents Oracle USA Inc., et al. filed. (Distributed)
  14. Dec 12 2018
    Record received from both the U.S.C.A. 9th Circuit and the U.S.D.C. District of Nevada is electronic and located on PACER, with the exception of some SEALED and Restricted documents that are electronic.
  15. Dec 11 2018
    Record requested from the U.S.C.A. 9th Circuit.
  16. Dec 06 2018
    Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
  17. Nov 30 2018
    CIRCULATED
  18. Nov 28 2018
    SET FOR ARGUMENT ON Monday, January 14, 2019
  19. Nov 20 2018
    Brief amicus curiae of United States filed.
  20. Nov 20 2018
    Brief amici curiae of Scholars of Corpus Linguistics filed.
  21. Nov 20 2018
    Brief amicus curiae of Professor Patrick T. Gillen filed.
  22. Nov 19 2018
    Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
  23. Nov 13 2018
    Brief of petitioners Rimini Street, Inc., and Seth Ravin filed.
  24. Nov 13 2018
    Joint appendix filed. (Statement of costs filed)
  25. Oct 26 2018
    Blanket Consent filed by Respondents, Oracle USA Inc., et al.
  26. Oct 24 2018
    Blanket Consent filed by Petitioners, Rimini Street, Inc., and Seth Ravin.
  27. Sep 27 2018
    Petition GRANTED. Justice Alito took no part in the consideration or decision of this petition.
  28. Aug 15 2018
    DISTRIBUTED for Conference of 9/24/2018.
  29. Aug 14 2018
    Reply of petitioners Rimini Street, Inc., and Seth Ravin filed.
  30. Aug 01 2018
    Brief of respondents Oracle USA Inc., et al. in opposition filed.
  31. Jun 28 2018
    Motion to extend the time to file a response from July 2, 2018 to August 1, 2018, submitted to The Clerk.
  32. Jun 28 2018
    Motion to extend the time to file a response is granted and the time is extended to and including August 1, 2018.
  33. May 31 2018
    Petition for a writ of certiorari filed. (Response due July 2, 2018)