GC2 Inc. v. Int’l Game Tech., No. 16 C 8794, Slip Op. (N.D. Ill. Jul. 29, 2019) (Kennelly, J.).
Judge Kennelly ruled on plaintiff GC2’s motion for costs after its jury trial win on copyright infringement and Digital Millennium Copyright Act (DMCA) claims.
Of particular note, the Court held as follows:
- Fees of the Clerk & Marshal
- The Court award the $400 filing fee.
- The Court also awarded $398 for service, billed at the Marhal’s rate of $65 per hour and $8 for one forward.
- The Court denied fees for pro hac vice admissions.
- Transcripts & Recordings
- The Court awarded the costs ($2,330.20) for the first real-time trial transcription service (electronic) that GC2 received, but not the additional two forms, paper ($1,780,80) or same-day transcripts ($9,897.80).
- The Court awarded $418.25 for pre-trial hearing transcripts, in part because the Court ruled on the record in several cases and transcripts were required to fully comply with the Court’s orders.
- The Court awarded $27,091.50 for deposition transcripts, but not for ancillary fees such as expedited transcripts or multiple copies.
- The Court also awarded court reporter appearance fees of $4,462.50. The Court awarded $36,036.38 in videographer fees, reduced because the rates exceeded reasonable rate.
- The Court did not award appearance fees for videographers. The Court awarded $4,142.90 for scanning deposition exhibits because exhibits are usually referred to by exhibit numbers and not Bates numbers, requiring copies of the actual exhibits.
- The Court denied costs for shipping deposition materials, word indexing and errata fees, and court reporter administrative and travel costs.
- Printing & Exemplification
- The Court awarded $550 for trademark file wrappers ordered from the Patent Office.
- The Court awarded $974.56 in fees for converting electronic discovery to readable formats.
- The Court awarded $444, a portion of GC2’s costs for blowbacks of discovery document, based upon the prevailing rate allowed in the Northern District.
- The Court awarded $493 for affidavits supporting screen captures used during court proceedings, but not rush fees for those affidavits.
- The Court awarded $551.48, the undisputed portion of the costs of making copies of a summary judgment response brief.
- The Court awarded $8,505.84 for the Court’s and backup copies of exhibits, which are required by the Court.
- Extraneous E-Discovery Costs
- The Court awarded the $205 in undisputed additional e-discovery costs, but not the remaining $5,033, which GC2 failed to support after defendants’ objections.