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…)