Federal Circuit Takes on Database Cost Taxation

http://ow.ly/7IsMR

An article by Mark Michels on the EDD Update blog.

The article addressed taxable costs and discusses a specific case that held that eDiscovery services associated with a database can be taxable.

The blog post states, "...the Court of Appeals for the Federal Circuit issued an opinion finding the taxation of discovery database costs is permissible under 28 U.S.C. § 1920 and Federal Rule of Civil Procedure 54(d)(1). See In Re RICOH Company, LTD. Patent Litigation, No. 20-11-1199, (Fed. Cir. November 23, 2011)."  A link to the case opinion is provided.

The court further stated, "The Federal Circuit, applying Ninth Circuit precedent, held that the costs of producing a document electronically can be recoverable under 28 USC § 1920(4) which provides for recovery of “exemplification” costs. It also found persuasive N.D. Cal local rule 54-3(d)(2) which permits taxing the “cost of reproducing disclosure or formal discovery documents when used for any purpose in the case.”"