Page:Rimini Street, Inc., et al. v. Oracle USA Inc., et al..pdf/1

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A jury awarded Oracle damages after finding that Rimini Street had infringed various Oracle copyrights. After judgment, the District Court also awarded Oracle fees and costs, including $12.8 million for litigation expenses such as expert witnesses, e-discovery, and jury consulting. In affirming the $12.8 million award, the Ninth Circuit acknowledged that it covered expenses not included within the six categories of costs that the general federal statute authorizing district courts to award costs, 28 U. S. C. §§1821 and 1920, provides may be awarded against a losing party. The court nonetheless held that the award was appropriate because the Copyright Act gives federal district courts discretion to award “full costs” to a party in copyright litigation, 17 U. S. C. §505.

Held: The term “full costs” in §505 of the Copyright Act means the costs specified in the general costs statute codified at §§1821 and 1920. Pp. 3–12.
 * (a) Sections 1821 and 1920 define what the term “costs” encompasses in subject-specific federal statutes such as §505. Congress may authorize awards of expenses beyond the six categories specified in the general costs statute, but courts may not award litigation expenses that are not specified in §§1821 and 1920 absent explicit authority. This Court’s precedents have consistently adhered to that approach. See Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U. S. 437; West Virginia Univ. Hospitals, Inc. v. Casey, 499 U. S. 83; Arlington Central School Dist. Bd. of Ed. v. Murphy, 548 U. S. 291. The Copyright Act does not explicitly authorize the award of litigation expenses beyond the six categories specified in §§1821 and 1920, which do not authorize an award for expenses such as expert witness fees,