Synthes (USA) v. Spinal Kinetics Inc.

Filing 589

ORDER by Judge Whyte on 542 motion to review taxation of costs and request for stay on any execution regarding costs; 543 motion for partial review of taxation of costs (rmwlc1, COURT STAFF) (Filed on 1/9/2013)

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E-FILED on 1/9/2013

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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SYNTHES USA, LLC (f/k/a SYNTHES
(U.S.A.)); SYNTHES USA SALES, LLC; and
SYNTHES, INC.,

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Plaintiffs,
v.
SPINAL KINETICS, INC.,
Defendant.

No. C-09-01201 RMW

ORDERS ON: (1) PLAINTIFF'S MOTION TO
REVIEW TAXATION OF COSTS AND
REQUEST FOR STAY ON ANY
EXECUTION REGARDING THE COSTS;
AND (2) DEFENDANT'S MOTION FOR
PARTIAL REVIEW OF THE CLERK'S
TAXATION OF COSTS

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The Clerk of the Court taxed costs in the amount of $333,088.82 on June 6, 2012. Synthes

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has now moved to review the Clerk's taxation and to reduce the award to no more than $199,852.37

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and to stay execution on any award of costs pending resolution of all appeals. Spinal Kinetics

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opposes Synthes's motion and its request for a stay. Spinal Kinetics also moves for an increase in

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the amount the Clerk awarded for "fees for printed or electronically recorded transcripts necessarily

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obtained in the case" to $205,592.92, thus making the total amount of costs awarded $450,772.30.

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The court has reviewed the papers filed and hereby awards Spinal Kinetics costs in the amount of

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$306,980.32. The court also denies Synthes' motion for a stay of execution.
Award of Costs and Denial of Stay
No. C-09-01201

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I. TABLE SHOWING CALCULATION AND AWARD OF COSTS
Category

Amount Awarded by
Clerk

Court's Award

Explanation

Fees for printed or
electronically
recorded transcripts

$129,201.12

$193,000.81

Costs requested by
Spinal Kinetics fall
within 28 U.S.C.
§1920 and were
necessarily incurred
as required by Civ.
L.R. 54-1(a) and (c),
with the exception
that costs for
expedited delivery
and shipping charges
and some charges
listed in Exhibits 166
and 167 lack support
showing that they
were necessarily
incurred.

Fees for witnesses

$23,669.12

$15,690.74

Adjustments made on
airfare to economy
rates and minor
adjustments to other
witness fees.

Fees for
exemplification and
the costs of making
copies

$158,288.15

$84,250.00

Adjustments made for
costs falling outside of
28 U.S.C. § 1920 or
not necessarily
incurred as required
by Civ. L.R. 54-3(d).
Some animations not
reasonably necessary
to assist the jury or
court.

Compensation of
court-appointed
experts

$3,775.00

$0.00

Mediator does not
qualify as a courtappointed expert
under 28 U.S.C.
§ 1920(6).

Compensation of
Interpreters

$18,155.43

$14,038.77

Parties' agreement
(Lusuardi deposition)
and, in addition,
inadequate showing of
need (Lechmann and
Richter depositions).

Total Costs

$333,088.82

$306,980.32

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United States District Court
For the Northern District of California

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Spinal Kinetics is awarded costs in the amount of $306.980.32.
Award of Costs and Denial of Stay
No. C-09-01201

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REQUEST FOR STAY
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Since the parties' post-trial motions have been resolved, the request for a stay is denied. No
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persuasive reason has been offered to justify a stay preventing Spinal Kinetics from collecting the
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costs awarded.
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DATED:

January 9, 2013

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RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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Award of Costs and Denial of Stay
No. C-09-01201

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