Rimini Street Inc. was wrongly held in contempt of violating an Oracle Corp. software injunction and ordered to pay $630,000 in sanctions for continued copyright infringement when another trial would be more appropriate, the third-party software support firm told the Ninth Circuit on Monday.
A lower court failed to differentiate Rimini’s conduct after it got hit with $35 million infringement award from its pre-verdict conduct, contrary to the Federal Circuit’s precedent in TiVo, Inc. v. EchoStar Corp., said Rimini counsel Mark Andrew Perry. He noted that standard prohibits a contempt finding if a defendant’s behavior is “more than colorably ...
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