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Rimini Street Statement on Oracle v. Rimini Street

September 22, 2016Rimini Street, Inc., the leading global provider of independent enterprise software support services for SAP SE’s (NYSE:SAP) Business Suite, BusinessObjects and HANA Database software and Oracle Corporation’s (NYSE:ORCL) Siebel, PeopleSoft, JD Edwards, E-Business Suite, Oracle Database, Oracle Middleware, Hyperion, Oracle Retail,  Oracle Agile PLM and Oracle ATG Web Commerce software, today issued the following statement on Oracle v. Rimini Street:

Customers and Free Market Choice Win

After Rimini Street’s more than 11 years of successfully providing independent maintenance services to nearly 1,500 signed clients around the world, including more than 135 Fortune 500 and Global 100 companies, and six years of litigation and a trial that concluded in 2015, the Court has now ruled on all the remaining post-trial motions in Oracle vs Rimini Street.

Oracle software licensees are the ultimate winners with free market choice to shop a variety of different support vendors, services offerings and pricing models. Once the Court issues the final judgment, the only remaining litigation in the case will be expected appeals by Rimini Street and Seth A. Ravin, Rimini Street’s CEO and chairman, to reduce the Court’s damages award by more than 70% and overturn the injunction award. Any appeals are likely to continue for several more years before a final outcome.

Third Party Support Lawful for Oracle Licensees to Purchase and Use

Detailed testimony and evidence provided by Oracle executives and witnesses in the 2015 trial confirmed that third-party support is lawful for Oracle licensees to purchase and use. The evidence presented at trial supported several important principles underlying Rimini Street’s operations and current service offerings: (a) Oracle licensees can choose not to renew their Oracle annual support; (b) Oracle licensees can select, switch to, and use a third-party support provider or self-support instead of renewing and paying Oracle for annual support services; (c) third parties like Rimini Street can legally offer third-party support options to Oracle licensees; and (d) support services can be provided to clients on their site or utilizing a remote access connection.

Innocent (Not Willful) Infringement, No Tortious Business Conduct

Despite Oracle’s efforts to spin the outcome of this case, the Jury specifically found at trial that Rimini Street did not “willfully” infringe Oracle’s software copyrights, and further, found all infringement to be “innocent infringement.” Mr. Ravin was cleared of liability for any infringement. The Court instructed the Jury that the definition of “innocent infringement” means Rimini Street “was not aware that its acts constituted infringement” and “had no reason to believe that its acts constituted infringement.” The Jury went even further, rejecting Oracle’s claims of illegal tortious business conduct, such as inducing breach of contract and interference with Oracle’s business relationships, and rejecting Oracle’s claim for punitive damages.

Total Awarded Cash Damages and Costs

Oracle, in a consistent pattern of business conduct, over-reached and claimed more than $350 million in total damages and costs. The Court only awarded Oracle a total of $124.3 million, which included a one-time fair-market license payment of $35.6 million for Rimini Street’s “innocent infringement” of certain Oracle software copyrights. The total award is less than 36% of the total sought by Oracle.

“Rimini Street will take responsibility for its past practices and pay the one-time fair market license fee of $35.6 million to Oracle for innocently infringing certain of its software copyrights,” stated Daniel B. Winslow, general counsel, Rimini Street. “When one considers Oracle’s other litigation losses, such as the $100 million in value Oracle recently agreed to pay the State of Oregon for Oracle’s alleged misconduct, the nearly $250 million Oracle agreed to pay the U.S. Department of Justice for Oracle’s alleged misconduct, the $3.1 billion Oracle has recently been ordered by the Court to pay HP Enterprise as damages for Oracle’s misconduct, and its failed $8.8 billion claim against Google, Rimini Street is confident that the final judgment in this case is yet another Oracle overreach and will not stand on appeal.”

Payment of Final Judgment

Rimini Street intends to pay the required amounts in cash, pending appeal, up to the $124.3 million. Rimini Street has recently completed and announced a finance transaction of $125 million. Additionally, Rimini Street recently reached agreement with its insurer regarding the claim. These funds are separate from Rimini Street’s operating cash flow, which is at record highs with a compound annual revenue growth rate of 38% since 2012, 42 consecutive quarters of growth, and annual run-rate revenues over $160 million. Rimini Street is planning an IPO in 2017, subject to market conditions and Board approval.

Injunction Award

The Court will issue an “injunction,” which is a court order that will simply prohibit the previous conduct by Rimini Street that was found by the Jury and Court to be infringing. However, since Rimini Street had ceased said conduct by July 2014, there is no expected impact on any current or future service offering, or on Rimini Street’s current or future ability to service any of its clients. The Court noted that “Rimini’s ability to compete against Oracle in the software support service market would not be lost with an injunction, and thus, the public would still have access to competition in that market.”

“In 2014, the Court determined that some Rimini Street support processes infringed certain Oracle software copyrights. Rimini Street took immediate responsibility and changed its support processes in 2014 to comply with the Court’s order without disruption of service for any Rimini Street client,” said Mr. Ravin. “No client service has ever been impacted before, during, or following the Oracle vs. Rimini Street trial or in the 11 year history of the Company.”

Rimini Street to Appeal Damages and Injunction Awards

While Rimini Street does not plan to appeal the award of a one-time fair-market license to Oracle for $35.6 million, Rimini Street does plan to appeal the remaining $88.7 million of the $124.3 million award. Rimini Street believes its basis for appeal is very strong as a matter of law, and it has a high degree of confidence that it will ultimately prevail. The Rimini Street appellate legal team will be led by Mark A. Perry, co-chair of the Appellate and Constitutional Law practice group at Gibson Dunn, along with his partner Blaine H. Evanson, and associate Joseph A. Gorman.

Rimini Street does not believe that an injunction relating to any previously used Rimini Street support process is warranted or appropriate as a matter of law, and Rimini Street will appeal the injunction. Rimini Street was adjudicated an “innocent” infringer, the infringement was not “willful,” and Rimini Street had ceased the infringing and improper conduct by July 2014.

“We were pleased to have had our day in court and glad to bring the issues in this case to resolution and close,” said Mr. Ravin. “The global Rimini Street team remains focused on providing excellent service to our fast-growing global client base, expanding our worldwide service capabilities and innovating the enterprise support industry.”

關於Rimini Street, Inc.

Rimini Street, Inc. (Nasdaq: RMNI)是全球領先的企業軟體產品和服務提供者、甲骨文和SAP軟體產品協力廠商支援服務的主要供應商以及Salesforce合作夥伴。公司致力於提供優質、超快回應和整合式應用程式管理和支援服務,能夠讓企業軟體授權使用者節省大量的成本,釋放資源用於創新,並實現更好的業績。來自各行各業的近2,100家全球性組織、財星500大企業、財星全球百大公司、中型企業、公共事業部門和其他機構都選擇Rimini Street作為其信賴的應用企業軟體產品和服務提供者。如需詳情,請造訪https://www.riministreet.com,在Twitter上@riministreet關注我們,並透過FacebookLinkedIn掌握Rimini Street的最新動態。

前瞻性陳述

本新聞稿中的某些聲明並非是歷史事實,而是《1995年私人證券訴訟改革法》安全港條款所定義的前瞻性陳述。前瞻性陳述通常含有以下詞彙:「可能」、「應」、「會」、「計畫」、「打算」、「預期」、「認為」、「估計」、「預測」、「潛在」、「似乎」、「尋求」、「繼續」、「未來」、「將」、「預計」、「展望」或其他類似詞彙、片語或表述。這些前瞻性陳述包括但不限於我們對未來事件、未來機會、全球擴張及其他成長動議和我們關於此等動議投資的預期的陳述。這些陳述根據不同的假設以及管理階層當前的預期,並非是對實際業績的預測,也不是歷史事實。這些陳述取決於與Rimini Street業務有關的多個風險和不確定性因素,而且實際結果可能會發生重大變化。這些風險和不確定性因素包括但不限於:COVID-19疫情的不明確持續時間和疫情對公司業務的經濟、營運和財務影響,以及政府當局、客戶或其他方面為防範COVID-19疫情所採取的措施;擾亂公司、公司現有或潛在客戶業務的災難性事件;Rimini Street營運業務環境的變化,包括通膨和利率以及影響Rimini Street所在產業的一般性金融、經濟、監管和政治條件;待決訴訟或政府調查或任何新訴訟的不利進展;以有利條款募集額外股本或進行債務融資的需要和能力,以及我們能否從營運中產生現金流,以幫助為我們成長計畫中增加的投資提供資金;我們的現金和現金等價物是否足以滿足我們的流動性要求;我們發行在外的13.00% A輪優先股的條款和影響;稅收、政府法律和法規的變化;競爭產品和定價活動;無法實現獲利性成長;客戶採用最近推出產品和服務的情況,包括 Application Management Services (AMS)、Rimini Street Advanced Database Security以及針對Salesforce Sales Cloud和Service Cloud 產品的服務以及我們預計將於近期推出的其他產品和服務;Rimini Street管理團隊損失一名或多名成員;RMNI股本證券長期價值存在不確定性;以及Rimini Street將於2020年5月7日呈報的Form 10-Q季報所列標題「風險因素」項下所討論的內容,Rimini Street未來的Form 10-K年報、Form 10-Q季報和Form 8-K現狀報告不時對此等內容的更新以及公司向美國證券交易委員會提交的其他文件。此外,前瞻性陳述僅代表本新聞稿發布之日Rimini Street的預期、計畫或對未來事件的預測和觀點。Rimini Street預計後續事件和發展將導致Rimini Street的評估發生變化。然而,儘管Rimini Street可能會在未來某個時間點選擇更新這些前瞻性陳述,但Rimini Street特別聲明,除法律規定之外,公司沒有這方面義務。這些前瞻性陳述不應被看作代表Rimini Street在本新聞稿發布之日後任何日期的觀點。

 

© 2020 Rimini Street, Inc.版權所有。Rimini Street是Rimini Street, Inc.在美國和其他國家的註冊商標,Rimini Street、Rimini Street標誌和兩者之間的任意組合以及其他含有TM標記的標誌均為Rimini Street, Inc.的商標。所有其他商標仍是其各自所有者的財產。除非另行說明,Rimini Street與此類商標所有者或本新聞稿中所提到的其他公司沒有任何從屬、代言或結盟關係。

投資人關係連絡窗口:

Dean Pohl

Rimini Street, Inc.

+1 925 523-7636 dpohl@riministreet.com
媒體關係連絡窗口:

Michelle McGlocklin

Rimini Street, Inc.

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