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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-16554 · judgment August 16, 2019


Certiorari denied · January 13, 2020
Pre-decision estimate: 21% cert probability (95% interval 15%–28%)

Before the decision, about 5.1× 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

The jury found petitioner’s copyright infringement to have been “innocent,” meaning that petitioner “did not know” and “had no reason to know” that its conduct was infringing. In violation of the Seventh Amendment’s Reexamination Clause, the district court instead found that petitioner acted in “conscious disregard” of respondents’ copyrights—and on that basis entered a permanent injunction. The Ninth Circuit excused that constitutional error as “harmless” on the ground that consideration of an infringer’s mental state is “not necessary” under the equitable framework of eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006). The question presented is: Whether courts must take into account a jury’s finding of an infringer’s mental state in considering injunctive relief under the Copyright Act.

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
1 cert-stage

Proceedings

  1. Jan 13 2020
    Petition DENIED.
  2. Dec 11 2019
    DISTRIBUTED for Conference of 1/10/2020.
  3. Dec 06 2019
    Waiver of right of respondent Oracle USA, Inc., et al. to respond filed.
  4. Dec 06 2019
    Brief amicus curiae of The Repair Association filed.
  5. Nov 05 2019
    Petition for a writ of certiorari filed. (Response due December 6, 2019)