In Oracle USA, Inc. v. Rimini Street, Inc. , 879 F.3d 948 (9th Cir. 2018), we affirmed in part, reversed in part, and vacated in part the district courts judgment in favor of Plaintiffs Oracle USA, Inc. and related entities on claims alleging, among other things, copyright violations by Defendants Rimini Street, Inc. and Seth Ravin. Pertinent here, we held that the district court properly awarded Oracle approximately $12.8 million in non-taxable costs pursuant to 17 U.S.C. § 505. Oracle , 879 F.3d at 965-66. We rejected, as foreclosed by binding circuit precedent, Defendants argument that the district court was limited, when assessing costs, to the types of costs specified in the general costs statute, 28 U.S.C. § 1920. Oracle , 879 F.3d at 965-66. We therefore affirmed the portion of the district courts judgment awarding non-taxable costs. Id.
The Supreme Court granted certiorari, Rimini Street, Inc. v. Oracle USA, Inc. , --- U.S. ----, 139 S. Ct. 52, 201 L.Ed.2d 1130 (2018) (mem), and held that our circuit precedent was erroneous, --- U.S. ----, 139 S. Ct. 873, 203 L.Ed.2d 180 (2019). The Court held that the Copyright Act authorizes district courts to award only those costs specified in the general costs statute, [ 28 U.S.C.] §§ 1821 and 1920. Id. at 881. The Court remanded the case for further proceedings. Id.
Pursuant to the Supreme Courts decision, we vacate the portion of the district courts judgment awarding Oracle $12.8 million in non-taxable costs, and we remand the case to the district court for further proceedings consistent with this order and the Supreme Courts opinion.
VACATED in part and REMANDED. The parties shall bear their own costs on appeal.