Rimini Street, Inc. v. Oracle USA Inc., No. 17-1625

Under the Copyright Act, a court has discretion to “allow the recovery of full costs by or against any party,” in addition to an award of attorneys’ fees to the prevailing party. In this case, after a jury entered a verdict in favor of Oracle USA Inc. in a copyright dispute, the district court entered an award of costs that encompassed fees associated with expert witnesses, consultants, and electronic discovery. Such costs are not considered “taxable costs” under the generally applicable statutes authorizing the award of costs in any case. The Supreme Court has agreed to decide whether a court may tax as “full costs” under the Copyright Act expenditures that do not constitute “taxable costs.”