Federal Court witness fees are $40.00, plus .565 cents per mile (28 USC §1821(b)). (Note, the amount of witness fees may change, so make sure to confirm the amounts before issuing the checks.)

Broadly interpreting the term “full costs,” the district court in this case awarded Oracle $12.8 million for expenses not enumerated by the general statute governing “costs.” See 28 U.S.C. §§1821, 1920. The Ninth Circuit upheld that award.

Respecting the statute of limitations, Justice Ginsburg bemoaned the fact that average processing times have increased over the years, but found that even the current processing period of seven months still left "ample time to sue" and, regardless, "[u]nfortunate as the current administrative lag may be, that factor does not allow [the Court] to revise §411(a)'s congressionally composed text."The second case involved Section 505 of the Act, which permits a court in its discretion to "allow the recovery of full costs." In Rimini, the Court was faced with the question of whether the reference to "full" costs in Section 505 authorizes the recovery of something more than the limited categories of costs contained in 28 U.S.C. §§ 1821 and 1920, which include minor expenses such as clerk fees, printing costs, and transcripts, but not the substantial expenses associated with modern litigation. The Ninth Circuit awarded $12.8 million in costs to Oracle after finding that costs, such as those for expert witness fees, jury consultant fees, and e-discovery expenses, were recoverable under Section 505, in conflict with decisions from the U.S. Courts of Appeals for the Eighth Circuit and the 11th Circuit, which limited recovery to the categories specified in the general fee-shifting statutes.

The Supreme Court unanimously decided two Copyright Act cases on March 4, 2019. In Rimini Street, Inc. v. Oracle USA, Inc., the Court held that the provision in the Copyright Act that gives federal district courts discretion to award “full costs” to a party in copyright litigation, 17 U. S. C. §505, covers only the six categories specified in the general costs statute, 28 U. S. C. §§1821, 1920. In Fourth Estate Pub.

In so ruling, the Supreme Court expressly rejected the position adopted by some circuit courts that “registration” can be satisfied by the mere act of submitting a complete application to the Copyright Office. In Rimini Street, Inc. v. Oracle USA, Inc., 586 U.S. ___, the Court clarified that the award of “full costs” to a party in copyright litigation pursuant to 17 U.S.C. § 505 does not expand the categories of expenses that may be awarded as “costs” as enumerated in the general federal cost statute, codified at 28 U.S.C. §§ 1821, 1920. The Court further explained that an “explicit statutory instruction” is required to permit the award of such costs as expert witness fees, e-discovery expenses and jury consulting fees.

On March 4, 2019, the Supreme Court of the United States decided Rimini Street, Inc. v. Oracle USA, Inc., No. 17-1625, holding that a court’s discretion under section 505 of the Copyright Act to award “full costs” to the prevailing party in copyright litigation is limited to the six categories of costs specified by Congress in the general federal costs statute, codified at 28 U.S.C. §§1821 and 1920. A jury awarded Oracle damages after concluding that Rimini Street had infringed various Oracle copyrights and violated certain California and Nevada statutes.

Section 1821, in turn, delineates witness attendance rates ($40-per-day) as well as per diem rules for witness travel expenses. 28 U.S.C. § 1821(a) – (f). All other cost categories or amounts in excess of the fixed rates are considered “non-taxable.”

In Rimini St. Inc. v. Oracle USA Inc., the Court limited district courts’ discretion to award “full costs” under 17 U.S.C. § 505. No. 17-1625, 2019 WL 1005828, at *2 (U.S. Mar. 4, 2019). Some courts had interpreted the statute, which permits “recovery of full costs by or against any party,” to allow recovery of costs other than the six categories of litigation expenses set forth in 28 U.S.C. §§ 1821 and 1920. The Supreme Court disagreed, overturning a district court order awarding technology company Oracle more than $12 million in costs, including for expert witnesses, electronic discovery, and jury consulting.

Respecting the statute of limitations, Justice Ginsburg bemoaned the fact that average processing times have increased over the years, but found that even the current processing period of seven months still left "ample time to sue" and, regardless, "[u]nfortunate as the current administrative lag may be, that factor does not allow [the Court] to revise §411(a)'s congressionally composed text."The second case involved Section 505 of the Act, which permits a court in its discretion to "allow the recovery of full costs." In Rimini, the Court was faced with the question of whether the reference to "full" costs in Section 505 authorizes the recovery of something more than the limited categories of costs contained in 28 U.S.C. §§ 1821 and 1920, which include minor expenses such as clerk fees, printing costs, and transcripts, but not the substantial expenses associated with modern litigation. The Ninth Circuit awarded $12.8 million in costs to Oracle after finding that costs, such as those for expert witness fees, jury consultant fees, and e-discovery expenses, were recoverable under Section 505, in conflict with decisions from the U.S. Courts of Appeals for the Eighth Circuit and the 11th Circuit, which limited recovery to the categories specified in the general fee-shifting statutes.

8 million in fees and costs for Rimini Streets' copyright infringement, including expert witness fees, e-discovery costs and jury consulting expenses. The question was whether "full costs" should be interpreted in light of the general federal statute (28 USC Sections 1821 and 1920) or not. The latter specifies six categories of permitted costs that can be recovered in litigation.