Oracle drops its $210 million Fair Market Value copyright damages theory
Rimini Street asserts Oracle’s primary remaining copyright damages theory of Lost Profits is without merit
Rimini Street experts calculate Oracle damages, if any, less than $9 million
LAS VEGAS, July 16, 2015 – Rimini Street, Inc., the leading independent provider of enterprise software support for SAP AG’s (NYSE:SAP) Business Suite and BusinessObjects software and Oracle Corporation’s (NYSE:ORCL) Siebel, PeopleSoft, JD Edwards, E-Business Suite, Oracle Database, Hyperion and Oracle Retail software, today issued a statement regarding damages claims made by Oracle in Oracle USA, Inc., et al. v. Rimini Street, Inc. et al., Civil No. 2:10-cv-00106-LRH-PAL (U.S. District Court of Nevada).
Oracle has suffered yet another significant setback in its decade long fight against competition and in the company’s nearly six year litigation against leading global independent software support provider Rimini Street.
In a recent Court filing, in response to challenges raised by Rimini Street, Oracle abandoned its biggest damages theory of copyright infringement for its PeopleSoft, JD Edwards and Siebel-branded software products based on fair market value, measured by hypothetical license or income approach, to “streamline” the issues for trial.
Accordingly, Oracle has withdrawn the $210 million damages associated with its fair market value theory. Oracle’s primary remaining copyright damages theory in the case is for lost profits, where Rimini Street asserts Oracle’s theory is without merit due to a complete lack of proof of causation.
At trial, Rimini Street will introduce expert testimony that Oracle copyright damages — if Oracle can prove any damages at all — are less than $9 million.
If the Court, following any appeals, determines that Rimini Street did indeed infringe Oracle’s intellectual property rights with any of its support processes, Rimini Street stands ready and willing to take full responsibility and fairly compensate Oracle for any proven damages, and is committed to correcting any related processes in accordance with Court guidance.
Rimini Street looks forward to its day in court as it strives to reach conclusion with Oracle. In the meantime, Rimini Street continues to deliver the highest value support and ultra-responsive service to its clients, expand its capabilities around the globe and continues leading the independent enterprise software maintenance market with its new, innovative class of enterprise support services.