Redwood Shores, Calif.—Nov 7, 2018
On Monday, a federal appeals court rejected Rimini Street’s motion to stay and effectively delay a permanent injunction issued by the Federal District Court in Nevada. That injunction prohibits Rimini Street from engaging in specific unlawful practices in connection with its core business practices as found in Oracle’s 2015 copyright infringement trial against Rimini Street and its founder, Seth Ravin.
The trial court had determined earlier that the more than $100 million that Rimini Street paid to Oracle in damages following trial was inadequate to fully compensate Oracle for Rimini Street’s copyright infringement, citing “Rimini Street’s conscious disregard for Oracle’s software copyrights” and the fact that Rimini Street’s business model “was built entirely on its infringement of Oracle’s copyrighted software.” The Court ruled that Rimini Street can only provide support for Oracle’s PeopleSoft, J.D. Edwards, Siebel, and Database software subject to certain court-mandated restrictions, as set forth in the injunction.
While Rimini Street made public statements suggesting that it can comply with the injunction without changing its business model, it told the federal appeals court a different story in court filings. Rimini Street instead argued that the “injunction goes far beyond the changes that Rimini Street [already] made in response” to the Nevada court’s rulings, and would therefore harm its business. Rimini Street must now comply with all the terms of the injunction while its latest appeal is pending.
“We are grateful that the Ninth Circuit Court of Appeals denied Rimini Street’s latest attempt to delay justice. The federal courts in this country have appropriately recognized that the only way to stop serial infringers such as Rimini Street is to subject them to detailed, court-ordered prohibitions against unlawful practices and subject them to contempt of court penalties for any breach. Oracle will continue to be unrelenting in its mission to stop the infringement of its intellectual property rights,” said Dorian Daley, Oracle’s Executive Vice President and General Counsel.
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