Free Bill of Costs - District Court of Delaware - Delaware

Case 1 :98-cv-00478-SLR Document 371 Filed 1 1/06/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MEDTRONIC VASCULAR, INC.
C.A. N0. 98-478-SLR
Plaintiff,
v.
BOSTON SCIENTIFIC CORP., et al.,
Defendants.
DEFENDANT MEDINOL LTD.’S BILL OF COSTS
Pursuant to F ed. R. Civ. P. 54, L.R. 54.1 and 28 U.S.C. §l924, Defendant
Medinol Ltd., as the prevailing party in the above—captioned litigation, hereby submits this Bill
of Costs and accompanying Affidavit of Christopher A. Hughes (hereinafter "Hughes
Affidavit"):
I. Depositions
Local Rule 54. 1 (b)(3) provides that a prevailing party is entitled to deposition costs such
as a "r·eporter’s reasonable charge for the original and one copy of a deposition and the
reasonable cost of taking a deposition electronically or magnetically recorded" when "a
substantial portion of the deposition is used in the resolution of a material issue in the case." As
stated in the accompanying Hughes Affidavit, the following costs were associated with
depositions that were used in the resolution of a material issue in the case:
l Date Witness Vendor Invoice No. Fee
3/ 17/04 J eftrey Allen Spherion 5378 I 07798 496.50
3/17/04 Jeffrey Allen (shipping) Spherion 5378107798A 30.00
3/18/04 Jeffrey Allen Spherion 5378107804 840.00
3/ I9/04 Jeffrey Allen Spherion 5378107810 802.75
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Case 1 :98-cv-00478-SLR Document 371 Filed 11/06/2007 Page 2 of 4
Date Witness Vendor Invoice No. Fee
4/19/04 Michael Bonneau Spherion 5378108273 319.50
4/20/04 Michael Bonneau Spherion 5378108282 419.40
4/21/04 Michael Boneau Spherion 5378108293 96.00
4/21/04 Michael Boneau Spherion 5378108299 543.60
4/22/04 Michael Boneau Spherion 5378108261 369.60
4/19-4/22 Boneau CDs Spherion 53781 11482 1455.00
5/6/04 Bradley J endersee Spherion 5378108922 1273.90
5/7/04 Bradley Jendersee Spherion 5378108948 1 198.10
5/3/04 Robert Lashinski Spherion 5378108557 645.60
5/4/04 Robert Lashinski Spherion 5378108587 466.50
7/28/04 Sunil Saigal Spherion 5378109609 799.50
7/29/04 Sunil Saigal Spherion 5378109687 716.40
7/30/04 Sunil Saigal Spherion 5378109614 1278.10
8/10/04 Sunil Saigal Spherion 5378109695 668.40
7/19/04 Robert Wagoner Spherion 5378109912 784.50
7/20/04 Robert Wagoner Spherion 5378109483 759.00
7/22/04 Robert Wagoner Spherion 5378109459 549.30
7/23/04 Robert Wagoner Spherion 5378109465 1258.55
Total Deposition Costs $15,770.20
II. Copies of Exhibits
Local Rule 54.1(b)(5) provides that a prevailing party is entitled to “[t]he cost of copies
of an exhibit necessarily attached to a document required to be filed and seryed" and the cost of a
document that is "admitted into evidence." As stated in the accompanying Hughes Affidavit, the
following costs are Medinol’s portion of costs that were incurred in the preparation of
demonstrative exhibits and the presentation of exhibits during the Markman Hearing held in
October 2004 to determine claim construction:
Vendor Invoice No. Description Date Fee
F T1 7102116 Reimburse Finnegan, Henderson, 11/15/04 13179.98
Farabow, Garrett & Dunner
Skyline lN023 528 Preparation of TIFF images from 3/15/04 4963.99
various depositions
Total Cost for Exhibits $18,143.97
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Case 1:98-cv-00478-SLR Document 371 Filed 11/06/2007 Page 3 of 4
III. Prior Art Patents and Patent File Wrappers
Local Rule 54.1(b)(5) provides that a prevailing party is entitled to "[t]he cost of copies
of an exhibit necessarily attached to a document required to be filed and served." This rule
provides for the cost of patent file wrappers and prior art patents at the rate charged by the Patent
Office. As stated in the accompanying Hughes Affidavit, the following costs were incurred as an
exhibit necessarily attached to a document required to be filed and served:
Rate Charged
Filing Date Patent N0. Exhibit No. and Notes by USPTO
9/21/04 5,292,331 Exhibit 2 of Defendants’ Answer 55.00
Total Cost for Prior Art Patents and File Wrappers $55.00
TOTAL TAXABLE COSTS $33,969.17
WHEREFORE, Medinol Ltd. respectfully requests that the Clerk grant Defendant
Medinol Ltd.’s Bill of Costs as expressly set forth hereinabove.
November 6, 2007 THE BAYARD FIRM
‘ .1 ~ stii 1 . ./ 'llli li ? l‘‘‘i.
ichard D. Kirk (#9 )
_ Stephen B. Brauerman
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899-5130
(302) 655-5000
[email protected]
Counsel for Defendant Medinol Ltd.
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Case 1:98-cv-00478-SLR Document 371 Filed 11/06/2007 Page 4 of 4
CERTIFICATE OF SERVICE
The undersigned counsel certifies that, on November 6, 2007, he electronically
filed the foregoing document with the Clerk of the Court using CM/ECF, which will send
automatic notification of the filing to the following:
Josy Ingersoll, Esquire Karen Jacobs Louden, Esq.
Karen Pascale, Esquire Morris, Nichols, Arsht & Tunnell LLP
Young Conaway Stargatt & Taylor, LLP 1201 North Market Street
The Brandywine Building P.O. Box 1347
1000 West Street, 17m Floor Wilmington, DE 19801
Wilmington, Delaware 19801
The undersigned counsel further certifies that copies of the foregoing document
were sent by hand, on November 6, 2007, to the above counsel.
/s/ Richard D. Kirk (rk0922)
Richard D. Kirk
585275-1