U.S. Solicitor General and Others Support Rimini Street Position in Supreme Court Case

Company seeks $12.8 million refund of costs paid to Oracle

LAS VEGAS, November 26, 2018 Rimini Street, Inc. (Nasdaq: RMNI), a global provider of enterprise software products and services, and the leading third-party support provider for Oracle and SAP software products, provided the following statement relating to Rimini Street v. Oracle, which is currently pending before the United States Supreme Court:

“The Solicitor General of the United States recently filed an amicus curiae brief in the United States Supreme Court case of Rimini Street v. Oracle. The Solicitor General’s brief endorses Rimini Street’s interpretation of the Copyright Act’s cost-shifting provision, concluding that ‘[Oracle’s] contrary reading … stretches [the statute] beyond what its text can bear.’ The brief further concludes that the U.S District Court award of $12.8 million in non-taxable litigation expenses to Oracle, and the subsequent affirmance by the Ninth Circuit Court of Appeals, were erroneous and should be reversed.

The case is expected to be argued in early 2019. If the Supreme Court reverses the decision, Oracle will be ordered to refund the $12.8 million to Rimini Street. This refund would be in addition to the $21.5 million Oracle was previously ordered to refund to Rimini Street by the Ninth Circuit Court of Appeals, which Oracle paid in March 2018.

Rimini Street has appealed the decision of the Ninth Circuit Court of Appeals affirming an award of non-taxable costs as part of the final judgment awarded to Oracle in 2016. On September 27, 2018, the Supreme Court granted Rimini Street’s petition for review. On appeal, Rimini Street argues that the award of $12.8 million in non-taxable costs is in direct conflict with decisions of other federal circuit courts and the Supreme Court.

In addition to the United States Solicitor General, the prestigious American Intellectual Property Law Association also filed an amicus curiae brief in the case, stating that ‘[t]he interests of the copyright registration system, certainty, and predictability weigh against permitting … [statutory] awards for non-taxable costs. This constraint provides greater uniformity and better aligns with the policies underlying the Copyright Act.’

Rimini Street’s position is also supported in amici curiae briefs filed by Professor Patrick Gillen, a scholar who has written on the history and scope of federal cost-shifting statutes, and a group of law school professors and scholars of corpus linguistics, who research the use and meaning of language. All of these amici curiae argue that the Ninth Circuit Court of Appeals decision was erroneous.

Rimini Street looks forward to the argument before the Supreme Court, and is confident that it will result in a reversal of the Ninth Circuit Court of Appeals judgment on non-taxable costs, achieve national consistency to interpretation of the Copyright Act by courts, and bring the refund of $12.8 million previously paid by Rimini Street to Oracle in 2016.”

About Rimini Street, Inc.

Rimini Street, Inc. (Nasdaq: RMNI) is a global provider of enterprise software products and services, the leading third-party support provider for Oracle and SAP software products and a Salesforce partner. The Company offers premium, ultra-responsive and integrated application management and support services that enable enterprise software licensees to save significant costs, free up resources for innovation and achieve better business outcomes. To date, more than 3,500 Fortune 500, Fortune Global 100, midmarket, public sector and other organizations from a broad range of industries have relied on Rimini Street as their trusted application enterprise software products and services provider. To learn more, please visit https://www.riministreet.com, follow @riministreet on Twitter and find Rimini Street on Facebook and LinkedIn.

Forward-Looking Statements

Certain statements included in this communication are not historical facts but are forward-looking statements for purposes of the safe harbor provisions under The Private Securities Litigation Reform Act of 1995. Forward-looking statements generally are accompanied by words such as “may,” “should,” “would,” “plan,” “intend,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” “seem,” “seek,” “continue,” “future,” “will,” “expect,” “outlook” or other similar words, phrases or expressions. These statements are subject to a number of risks and uncertainties regarding Rimini Street’s business, and actual results may differ materially. These risks and uncertainties include, but are not limited to, the duration of and economic, operational and financial impacts on Rimini Street’s business of the COVID-19 pandemic, as well as the actions taken by governmental authorities, clients or others in response to the COVID-19 pandemic; catastrophic events that disrupt Rimini Street’s business or that of its current and prospective clients, changes in the business environment in which Rimini Street operates, including inflation and interest rates, and general financial, economic, regulatory and political conditions affecting the industry in which Rimini Street operates; adverse developments in pending litigation or in the government inquiry or any new litigation; Rimini Street’s need and ability to raise additional equity or debt financing on favorable terms and Rimini Street’s ability to generate cash flows from operations to help fund increased investment in Rimini Street’s growth initiatives; the sufficiency of Rimini Street’s cash and cash equivalents to meet its liquidity requirements; the terms and impact of Rimini Street’s outstanding 13.00% Series A Preferred Stock; changes in taxes, laws and regulations; competitive product and pricing activity; difficulties of managing growth profitably; the customer adoption of Rimini Street’s recently introduced products and services, including its Application Management Services (AMS), Rimini Street Advanced Database Security, and services for Salesforce Sales Cloud and Service Cloud products, in addition to other products and services Rimini Street expects to introduce in the near future; the loss of one or more members of Rimini Street’s management team; uncertainty as to the long-term value of Rimini Street’s equity securities; and those risks discussed under the heading “Risk Factors” in Rimini Street’s Quarterly Report on Form 10-Q filed on August 5, 2020 and as updated from time to time by other filings by Rimini Street with the Securities and Exchange Commission. In addition, forward-looking statements provide Rimini Street’s expectations, plans or forecasts of future events and views as of the date of this communication. Rimini Street anticipates that subsequent events and developments will cause Rimini Street’s assessments to change. However, while Rimini Street may elect to update these forward-looking statements at some point in the future, Rimini Street specifically disclaims any obligation to do so, except as required by law. These forward-looking statements should not be relied upon as representing Rimini Street’s assessments as of any date subsequent to the date of this communication.

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Investor relations contact:

Dean Pohl

Rimini Street, Inc.

+1 925-523-7636 dpohl@riministreet.com
Media relations contact:

Janet Ravin

Rimini Street, Inc.

+1 702-285-3532 pr@riministreet.com