March 2019

Recovery of Fees and Costs in Copyright Litigation: Supreme Court Sets Limits

Costs recoverable by a prevailing party in a copyright infringement case are limited to the specific categories of costs allowed under the general federal status authorizing the award of costs by federal district courts. So says the U.S. Supreme Court in its unanimous decision in Rimini Street, Inc. v. Oracle USA, Inc. (March 4, 2019).

Oracle successfully sued Rimini Street for infringing Oracle’s copyrights. A jury awarded damages, and the district court awarded fees and costs, including a disputed $12.8 million for litigation expenses, such as expert witnesses, e-discovery, and jury consulting. The Ninth Circuit recognized that this award covered expenses not included within the general statute, but split with other circuit courts of appeal and held that the award was proper because Section 505 of the Copyright Act granted the district court the discretion to award “full costs” to a prevailing party in copyright cases. (more…)

The Lost Einsteins: Women Underrepresented Among U.S. Inventors

A new report issued by the USPTO points to an untapped segment of U.S. innovators – women. Released on February 11, “Progress and potential: a profile of women inventors on U.S. patents” outlines the trends and characteristics of women inventors named on U.S. patents over the last 40 years. The report shows a modest increase in the number of women inventors, but documents that women still make up a small minority of inventors and highlights the untapped potential of women to spur innovation. (more…)