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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Prevailing Party Awarded Half of E-Discovery Costs

Posted in Trial

LG Electronics U.S.A., Inc. v. Whirlpool Corp., No. 08 C 0242, Slip Op. (N.D. Ill. Oct. 20, 2011) (St. Eve, J.).

Judge St. Eve denied plaintiff LG’s fee petition because it was not the prevailing party and granted defendant Whirlpool $411,000 in costs and fees as the prevailing party pursuant to Fed. R. Civ. P. 54(d)(1) in this Lanham Act false advertising case involving steam dryer advertising. The jury returned a verdict "largely in favor" of Whirlpool. The jury only found for LG on an Illinois Uniform Deceptive Trade Practices Act claim which only allowed for injunctive relief, which the Court later denied. Whirlpool was, therefore, the prevailing party. The Court awarded the following fees:

  • Service fees at the prevailing rate of $55/hour.
  • Fees for both stenographic and video depositions. The video depositions were reasonable as excerpts were played at trial or LG had refused to guaranty that the witnesses would be brought to trial.
  • Trial and hearing transcripts.
  • Lay witness fees at $40 day and travel expenses, including half fares for business class flights.
  • Expert fees pursuant to Fed. R. Civ. P. 26(b)(4(E), readdressed the ratio of three hours of preparation for every hour of testimony. The experts spent reviewing their own transcripts was not deducted.
  • Exemplification costs including photocopying, creation of digital preservation and technical support. The Court held that Whirlpool’s digital presentation were important at trial, not just "glitzy."
  • Half of Whirlpool’s electronic discovery costs. The Court awarded half because there was "scant" authority in the Seventh Circuit for awarding electronics discovery costs although they were undisputedly allowed pursuant to § 1920(4).
  • Oral interpreters costs, but not for written translations.