Monday, July 23, 2012

Video Deposition Costs Recoverable Despite Standing Order to the Contrary

The court overruled plaintiff's objection to defendants' claim for video deposition costs. "[Plaintiff] is correct that this Court’s standing order, interpreting Fifth Circuit law, clarified that costs for video depositions were not allowed. However, the standing order issued before the 2008 amendment. . . . The Court finds that § 1920(2) now permits taxing costs for video depositions 'necessarily obtained for use in the case.'. . . In a large patent case such as this, it is common for parties to capture depositions electronically so that they may be used as part of the trial presentation. These cases involve complex technical issues and the needs at trial are often not fully known until the eve of trial. The printed and electronically recorded transcripts were necessarily obtained for use in this case, and Defendants are entitled to costs of both printed and electronically recorded depositions."

Eolas Technologies Incorporated v. Adobe Systems Incorporated, et. al., 6-09-cv-00446 (TXED July 19, 2012, Order) (Davis, J.).

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