Judge: Leonard Davis
Holding: Ruling on Joint Memorandum Regarding Defendants’ Bills of Costs [Agreed and Disputed]
This opinion represents a substantial clarification and updating of the caselaw on what litigation expenses are recoverable as "court costs" in patent cases following the 2008 amendments to 28 U.S.C. § 1920. In this case, the losing plaintiff Eolas objected to the costs of: (1) video depositions; (2) electronic discovery costs including document collection, processing, hosting, scanning, and conversion; (3) photocopies; (4) CD and DVD copies; (4) graphics professional support at trial; and (5) demonstratives and exhibits for trial.
Judge Davis specifically permitted video depo costs in addition to the printed transcripts. With respect to electronic discovery costs, scanning costs were permitted, but not costs for document collection, processing and hosting, or electronic document conversion - but with the caveat that the parties' agreement did not require TIFF production, and that the result for conversion might have been different if it had - as, for example, the ED's model ESI order provides as a default. On photocopies, Judge Davis held that 50% of the general copy costs were recoverable, plus 100% of the costs where detailed copy records identifying what was being copied was provided. The same Solomon-ish percentages applied to CD and DVD copies. On graphics professional support for trial, defendants sought over $95,000. Judge Davis held that the costs were permissible but the amount was excessive, and permitted $32,000. Finally, demonstratives and exhibits for trial were permitted.