Customers and Free Market Choice Are Winners in Oracle vs. Rimini Street Verdict
Rimini Street, Inc., the leading independent provider of enterprise software support services for SAP SE’s (NYSE:SAP) Business Suite and BusinessObjects software and Oracle Corporation’s (NYSE:ORCL) Siebel, PeopleSoft, JD Edwards, E-Business Suite, Oracle Database, Oracle Middleware, Hyperion, Oracle Retail and Oracle Agile PLM software, today declared enterprise software customers and free market choice the biggest winners in the recent Oracle vs. Rimini Street civil trial. The Company also provided additional details regarding the October 13, 2015 verdict and other post-trial activities.
The jury verdict included the following findings:
- Jury rejected Oracle’s damages claim of $246 million, instead awarded $50 million
- Jury found Rimini Street infringed, but found the infringement “innocent”
- Jury rejected Oracle’s claim that infringement was “willful”
- Jury found that Oracle suffered no lost profits as a result of “innocent” infringement
- Jury found violations of some computer access laws
- Jury rejected Oracle’s claims for illegal tortious business conduct, such as inducing breach of contract and interference with Oracle’s business relationships
- Jury rejected Oracle’s claims for punitive damages
Legality of Third-Party Support Confirmed
Detailed testimony and evidence provided by Oracle executives and witnesses in the trial confirmed that third-party support is lawful for Oracle licensees to purchase. 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 utilizing a remote access connection. These rights enable legal, free market choice for customers who want to shop a variety of different support vendors, services offerings, and pricing models.
Jury Found “Innocent” Infringement
The jury found that Rimini Street “innocently” infringed certain Oracle copyrights. The verdict reflected the jury’s assessment of the fair market value of a license for the actual use of Oracle’s copyrighted works. In determining “innocent infringement,” the court instructed the jury that:
“An infringement is considered ‘innocent’ when the Defendant has proved
both of the following elements by a preponderance of the evidence:
1. The Defendant was not aware that its acts constituted infringement of the copyright; and
2. The Defendant had no reason to believe that its acts constituted an infringement of the copyright.”
A significant portion of conduct at issue in the case stemmed from Rimini Street previously offering its Oracle PeopleSoft, JD Edwards and Siebel customers the choice of providing Rimini Street with either remote access to development and test environments on client-hosted servers, or providing Rimini Street with copies of their Oracle software to build development and test environments on Rimini Street-hosted servers. The court had previously held that, based on a court ruling issued in 2014, Oracle PeopleSoft software license agreements generally do not permit Oracle software to be installed or copied on Rimini Street servers. In accordance with the ruling, Rimini Street ceased the use of Oracle software on its servers and transitioned to a remote access connection service model for all clients by July 2014.
With the jury verdict rendered, the parties will now engage in standard post-trial activities. Either party may file motions related to the jury’s findings. After the completion of the post-trial activities, either party may file an appeal from the court’s final judgment.
An “injunction” is a court order that would prohibit or mandate certain activities or conduct that was found infringing or unlawful. Given the jury’s findings and the fact that Rimini Street ceased using the particular processes that Oracle challenged as infringing, Rimini Street does not believe that any injunction relating to any current Rimini Street support process is necessary or warranted.
Other Related Litigation
In 2014, Rimini Street filed a lawsuit against Oracle seeking a judicial finding that Rimini Street’s new development process and tools for PeopleSoft tax, legal, and regulatory updates, implemented by July 2014, do not infringe any Oracle copyrights. Oracle countersued, claiming alleged infringement of PeopleSoft copyrights. This litigation is in the discovery phase, and no trial date has been scheduled.
Customers and Free Market Choice Are Winners in Jury Verdict
“With the trial behind us, and with additional clarity for the industry regarding permitted support processes, Rimini Street is moving forward as the leading, global independent enterprise software support provider,” said Seth A. Ravin, Rimini Street’s CEO and chairman. “We remain focused on providing excellent service to clients, expanding worldwide service capabilities, and innovating the independent support marketplace. Recently, Rimini Street announced preliminary fiscal third quarter results that included 38 percent year-over-year revenue growth and 39 consecutive quarters of growth. Our commitment to the ideals of choice, value and excellent client service have never been stronger.”
About Rimini Street, Inc.
Rimini Street is the global leader in providing independent enterprise software support services. The company has redefined enterprise support services since 2005 with an innovative, award-winning program that enables Oracle and SAP licensees to save up to 90 percent on total support costs. Clients can remain on their current software release without any required upgrades for at least 15 years. Over 1,150 global, Fortune 500, midmarket, and public sector organizations from a broad range of industries have selected Rimini Street as their trusted, independent support provider. To learn more, please visit http://www.riministreet.com.
This press release may contain forward-looking statements. The words “believe,” “may,” “will,” “estimate,” “continue,” “anticipate,” “intend,” “plan,” “expect,” and similar expressions are intended to identify forward-looking statements. These forward-looking statements are subject to risks and uncertainties, and are based on various assumptions. If the risks materialize or our assumptions prove incorrect, actual results could differ materially from the results implied by these forward-looking statements. Rimini Street assumes no obligation to update any forward-looking statements or information, which speak only as of the date of this press release.
Rimini Street and the Rimini Street logo are trademarks of Rimini Street, Inc. All other company and product names may be trademarks.
Rimini Street, Inc.
Michelle McGlocklin, +1 925-523-8414
Om Business Wire
(c) 2018 Business Wire, Inc., All rights reserved.
Business Wire, a Berkshire Hathaway company, is the global leader in multiplatform press release distribution.
Følg saker fra Business Wire
Registrer deg med din epostadresse under for å få de nyeste sakene fra Business Wire på epost fortløpende. Du kan melde deg av når som helst.
Siste saker fra Business Wire
Universal Laser Systems Expands Its Materials Database with 3M, Victrex and Dexmet Materials18.7.2018 12:05 | Pressemelding
Universal Laser Systems (ULS) announces the addition of 3M™, Victrex® and Dexmet materials to its materials database, the most extensive repository of laser material processing parameters for materials in the range of 10 watts to 500 watts. The 3M, Victrex and Dexmet materials new to the ULS materials database were specifically added for laser processing with the ULTRA and XLS platforms, suited for high accuracy and precision laser cutting, laser ablation and laser surface modification. The materials include: 3M™ Extreme Sealing Tape 4412N 3M™ Thermally Conductive Silicone Interface Pad 5516 Victrex® APTIV® PEEK Film Dexmet PolyGrid® 8PTFE10-125ST Expanded PTFE Dexmet MicroGrid® AL 25 Expanded Aluminum Laser processing notes, describing the results of the laser-material interaction for these materials, are also available in the Materials Library on the ULS website to help potential customers explore the advantages of deploying laser technology within their manufacturing, research and d
Sterigenics Expands European Capacity With New State-of-the-Art Gamma Sterilization Facility in the UK18.7.2018 12:00 | Pressemelding
Sterigenics, a Sotera Health company and leading global provider of mission-critical sterilization solutions and expert advisory services, announced today it is building a new facility in Markham Vale North in Chesterfield/Derbyshire, UK. The facility will significantly expand Sterigenics’ footprint in Europe to help meet the growing sterilization needs of its customers and support the company’s mission of Safeguarding Global HealthTM. Scheduled for completion in the fourth quarter, 2018, the facility will include the installation of a state-of-the-art Nordion JS10000 gamma irradiator with a research loop. The new 60,000-square-foot facility will add gamma sterilization capabilities in the UK to complement Sterigenics’ existing ethylene oxide (EtO) facility based in Somercotes/Derbyshire. “Sterigenics is committed to being the world’s leading provider of sterilization services and partnering with our customers to eliminate threats to human health,” said Philip Macnabb, President of Ste
Smiths Detection Technology Chosen for Standard 3 Upgrade at Helsinki Airport18.7.2018 09:05 | Pressemelding
Smiths Detection has been selected by Finnish airport operator, Finavia Corporation, to support the transition to Standard 3 at Helsinki Airport with approved hold baggage screening systems. Included in the contract are eight high-speed, HI-SCAN 10080 XCT scanners, which combine high resolution X-ray technology, computed tomography (CT) and advanced detection algorithms to increase both security and operational efficiency significantly. Security, speed and efficiency are critical to the extensive development programme underway at the airport, which will allow the airport to serve 30 million passengers annually and increase baggage handling capacity by 50%. “Any financial investment in upgrading security equipment has to be balanced against operational improvement, particularly when part of a major expansion. Airports need assurance that efficiencies will be gained and systems can be further updated as necessary to detect evolving explosive threats and handle ever higher volumes,” comme
Norsk Titanium Continues to Grow in the State of New York18.7.2018 07:00 | Pressemelding
Norsk Titanium (Norsk), the world’s first FAA-approved supplier of aerospace-grade, additive manufactured, structural titanium components, announced another major milestone in qualified production. Norsk’s Plattsburgh Development and Qualification Center (PDQC) site was officially added to the Spirit AeroSystems Approved Suppliers List (ASL) in anticipation of the start of qualified production later this year. Partnered with the recent announcements of PDQC being added to the Boeing’s Qualified Producer’s List (QPL) list and its certification under AS9100D, this new qualification is key to furthering the availability of Norsk’s disruptive technology in the aerospace market. Spirit AeroSystems is the world’s largest independent aerostructures manufacturer. “These significant achievements have been made possible by the foresight and commitment made to Norsk by the State of New York and Empire State Development. We are extremely proud of our PDQC quality and operations teams and appreciat
The Best User Interface in Mobile and Web Tracking Just got Better18.7.2018 06:00 | Pressemelding
ThriveTracker, a leading web and mobile tracker for media buyers and performance marketers, today announced the general availability of its latest release featuring an all-new user interface (UI). Inspired by feedback from customers and partners, ThriveTracker designed the new UI to accelerate user adoption, improve usability and increase productivity. ThriveTracker focused on the user experience for all users regardless of device, (Desktop, Mobile, etc.), making it more intuitive and accessible. Improved navigation provides simplified access to frequently used functions in the platform, increases customer awareness of more advanced functionality and delivers fast access to detailed content when necessary. Cleaner, simpler, modern UI Clear, consistent navigation focuses your attention on where you are and what you can do Improved layout delivers common functions intuitively Simplified views provide faster access to relevant content Mobile Friendly Mobile responsive based on device New
EUSA Pharma Announces Acquisition of Global Rights to SYLVANT® (siltuximab) from Janssen Sciences Ireland UC for $115 Million18.7.2018 06:00 | Pressemelding
EUSA Pharma (EUSA), a biopharmaceutical company focused on oncology and rare disease, announced today that it has entered into a definitive agreement with Janssen Sciences Ireland UC, a subsidiary of Janssen R&D Ireland (Janssen) to acquire the global rights to SYLVANT® (siltuximab) for $115 million in cash. The transaction is subject to review under the United States Hart–Scott–Rodino Antitrust Improvements Act of 1976, as amended, and the parties expect to close following completion of this regulatory review period and the mutual satisfaction of other remaining closing conditions. SYLVANT® is approved in more than 40 countries worldwide, including the United States, the European Union, the Republic of Korea and Canada, for the treatment of idiopathic multicentric Castleman’s disease (iMCD), a rare, life threatening and debilitating orphan condition. Idiopathic MCD is an inflammatory lymphoproliferative disorder, which causes the abnormal overgrowth of immune cells and shares many sym