Cordance Corporation v. Amazon.Com, Inc., Civil Action No. 06-491-MPT, April 11, 2012.
Thynge, M. J. The court issues opinion on defendant’s bill of costs, granting defendant’s request for costs in part and denying plaintiff’s request to have the bill of costs denied in its entirety.
Plaintiff’s argument that defendant should not be entitled to costs because of dilatory tactics is rejected. The court refuses to ferret out “evident” improprieties from the docket. Plaintiff’s argument that it is unable to pay is mooted by a significant reduction to defendant’s demand for costs. Defendant’s claim of $447,694.63 for ediscovery is reduced. Costs of conversion to an agreed-upon production format are taxable as the functional equivalent of “making copies.” Other activity – searching, culling and deduplication are not taxable. Defendant to provide additional itemization. Costs for demonstrative exhibits for a Markman hearing were controlled by Shering. Applying the Honeywell test the claimed $51,323.62 is reduced to $600, the actual amount incurred for presentation of the exemplifications. Costs for depositions for the most part not awarded for failure to establish the “substantial use” requirement. Costs of $1,152.80 were allowed where 25% of the deposition transcript was read at trial. Witness automobile travel costs were awarded at the rate of $.51 per mile. Additional witness fees for around $27,000 for 2 witnesses was awarded