2008-1600 Ortho-McNeil v. Mylan Labs
ND/WV 02-cv-32
Judge Irene Keeley
Defendant Mylan appeals from Judge Keeley's order awarding plaintiff Daiichi costs in the matter. The costs issue has been pending for quite a while--the district court ruled in 2004 that the asserted patent was not invalid or unenforceable, and the Federal Circuit affirmed in 2005. The various parties had been attempting to resolve the costs issues, but Mylan and Daiichi could not reach an agreement.
Under 28 U.S.C. § 1920, Daiichi sought approximately $2.2 million in costs, as set forth here:
| Fees of Clerk | $ 75.00 |
| Fees for Service of summons and subpoena | $ 1,676.81 |
| Trial Transcripts | $ 31,225.18 |
| Pre-trial hearing transcripts | $ 4,924.20 |
| Deposition transcripts | $ 112,911.70 |
| Fees for Witnesses | $ 60,499.94 |
| Fees for exemplification and copies of papers necessarily obtained for use in the case |
$ 141,281.90 |
| Interpretation | $ 87,448.50 |
| Translation | $1,751,040.00 |
Mylan objected in some manner to the amount of each item, disputing the cost of daily trial transcripts, video deposition transcripts and miniscripts, etc.
The bulk of the costs (and court discussion) in on interpretors and translation. The parties used Japanese interpretors at trial, and Daiichi's share of the official trial interpretors was about $24,000. Daiichi also used "check interpretors" to double-check or confirm the official interpretors. The court rejected costs for these "check interpretors," finding them useful but not necessary for the litigation.
The court also slashed the translation costs down to $1 million, finding Daiichi could not substantiate its claimed estimated costs of $0.45/word, instead basing the award on Mylan's translation costs of $0.26/word.
The court otherwise awarded the costs requested by Daiichi.
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