Kruse Tech. P?ship v. Daimler AG, No. SACV 10-1066 JVS (RNBx), 2012 WL 12888668 (C.D. Cal. Oct. 22, 2012)

Key Insight: Defendant moved to re-tax $202K of costs for exemplification and reproduction that were denied by the clerk. The court found that costs of copies provided to Defendant?s witnesses were not necessary or taxable because they were not requested by or tendered to the opposing party, as discussed in In re Ricoh Co., Ltd. Patent Litig., 661 F.3d 1361, 1368 (Fed. Cir. 2011). The court allowed $12.013.68 in XDD?s costs for converting documents to TIFF, performing OCR (required by court order) and producing the documents to Plaintiff. Defendant argued costs from third-party vendor IAV for storage of responsive documents and processes to allow digital searching of Defendant?s databases should have been allowed by the clerk. Plaintiff argued these were costs for collection and review of documents, rather than for copying. Plaintiff also argued the OCR fees were duplicative and that Defendant?s invoices did not provide sufficient detail to support taxation. The court found these costs were not taxable (searching and organizing rather than copying, as well as duplicative) and properly denied by the clerk.

Nature of Case: Taxable Costs

Electronic Data Involved: ESI