Supreme Court of the United States · Official docket →
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
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
- Jan 13 2020Petition DENIED.
- Dec 11 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 06 2019Waiver of right of respondent Oracle USA, Inc., et al. to respond filed.
- Dec 06 2019Brief amicus curiae of The Repair Association filed.
- Nov 05 2019Petition for a writ of certiorari filed. (Response due December 6, 2019)