PA Advisors, LLC v. Google Inc. et al

Filing 494

PROPOSED BILL OF COSTS filed by Yahoo! Inc.. (Attachments: #1 Declaration of Jason White, #2 Memorandum in Support of Yahoo!'s Bill of Costs, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Doan, Jennifer)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION PA ADVISORS, LLC, Plaintiff, v. GOOGLE INC., et al. Defendants. MEMORANDUM IN SUPPORT OF YAHOO! INC.'S BILL OF COSTS Civil Action No. 2:07-cv-480 RRR

Yahoo! Inc. defendant and prevailing party in the above-captioned cause of action, moves the Clerk for the taxation of costs as set forth in the Bill of Costs. The Court entered judgment in favor of Yahoo! Inc. and ordered costs awarded in an amount taxed by the Clerk. Pursuant to 28 U.S.C. § 1920, the detailed costs and supporting documentation are set forth below. Table 1: Fees of the Clerk 1 Description Pro Hac Vice (Jason C. White) Pro Hac Vice (Richard D. Watkins) Pro Hac Vice (Miyoung Shin) Date Fee 11/26/2007 $25.00 11/26/2007 $50.00 11/26/2007 $50.00 Subtotal: $125.00

Table 2: Fees for service of summons and subpoena 2 Description Subpoena (Prakash Puram) Date Fee 12/14/2009 $120.00 Subtotal: $120.00

Table 3: Fees for printed or electronically recorded transcripts necessarily obtained for use in the case 3 Deposition Witnesses Edward Etkin Ilya Geller Devesh Patel Ken I. Kronquist Ben Shahshahani Timothy P. Mayer Matthew Hall Ivan Enrique Markman Lee Bradlee Sheafe
1 2

Date 4/23/2009 8/19/2009 10/27/2009 10/28/2009 10/29/2009 11/20/2009 11/24/2009 12/3/2009 12/4/2009

Transcript Fees $1,474.25 $1,161.75 $883.90 $596.20 $911.00 $596.00 $586.30 $891.05 $2,207.78*

Video Fees

Split w/CoDefendant Google $229.12

Total Fees $1,474.25 $1,390.88 $1,733.90 $1,283.70 $1,998.50 $1,353.50 $1,351.30 $1,918.55

$458.25 $850.00 $687.50 $1,087.50 $757.50 $765.00 $1,027.50 $678.25

$1,443.01

$1,443.02

The court documentation described in the table are attached as Exhibit 1. Proof of subpoena service described in the table is attached as Exhibit 2. 3 Invoices from court reports described in this table are attached as Exhibit 3. MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 1

Deposition Witnesses Carlton Robinson Ilya Geller Luke Yeh Zengyan Zhang and Soren Riise Ashvin Kannan and David Kolm Sean Suchter Lee Bradlee Sheafe Erich Spangenberg Paul Stanley Peters, Jr. Hon. Gerald J. Mossinghoff V. Thomas Rhyne, Ph.D. V. Thomas Rhyne, Ph.D. James Allan

Date 12/10/2009 12/16/2009 12/16/2009 12/16/2009 12/18/2009 12/22/2009 1/7/2010 1/8/2010 2/9/2010 2/12/2010 2/18/2010 2/19/2010 2/19/2010

Transcript Fees $911.56 $1,821.80* $557.98 $967.76 $1,053.24 $463.20 $811.47* $668.82 $938.70 $1,105.56 $2,337.40* $774.40* $852.75* $1,635.20* $1,060.25* $697.24

Video Fees $990.00 $458.25 $652.50 $940.00 $1,027.50 $450.00 $348.25 $458.25 $1,375.00 $715.00 $1,567.50 $1,017.50 $450.00; $1,238.75 $1,460.00 $852.50 $1,415.00

Split w/CoDefendant Google

Total Fees $1,901.56 $2,280.05 $1,210.48 $1,907.76 $2,080.74 $913.20 $579.87 $563.54 $2313.70 $1820.56 $3,904.90 $1,791.90 $2,541.50

$579.85 $563.53

Stephen Becker 2/23/2010 Allan Gordon 2/24/2010 Mary 2/25/2010 Woodford HEARING TRANSCRIPTS Hearing 11/5/2009 Pretrial 12/28/2009 Conference Pretrial 1/29/2010 Conference Pretrial 3/1/2010 Conference

$956.37

$3,095.20 $956.38 $2,112.24 $60.00 $282.50* $434.50* $1,254.00 *

Subtotal:

$45,952.18

*

These transcripts were expedited. We have subtracted the expediting fee from the cost of each expedited transcript. The totals listed in the table are the costs for standard transcripts.

MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 2

Table 4: Fees for witnesses 4 Expert Witness Mary Woodford Date 2/25/2010 Expenses (airline, car, lodging, meals and Total Costs incidentals) Meals $45.00 Travel & Lodging $3,402.24 Subtotal: $3,447.24 Expert was deposed on 2/25/2010 $40.00 Subtotal: $40.00 Mary Woodford Total: $3,487.24 Travel & Lodging $2,042.43 Meals $18.73 Subtotal: $2,061.16 Expert was deposed on 2/19/2010 $40.00 Subtotal: $40.00 James Allan Total: $2,101.16 Subtotal: $5,588.40

James Allan

2/19/2010

Table 5: Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for the case 5 The Federal Circuit has acknowledged "that in complex patent litigation involving hundreds of thousands of documents and copies, parties cannot be expected to track the identity of each photocopied page along with a record of its relevance to the litigation." As a result, the court recognized a fifty percent reduction from total copy costs as a "somewhat crude," but acceptable, method for calculating taxable costs of photocopying in complex patent litigation. Summit Tech., Inc. v. Nidek, Co., 435 F.3d 1371, 1378-79 (Fed. Cir. 2006). Description Copies Brinks Hofer Gibson & Lione Invoice 332165 Invoice 334738 Invoice 336397 Invoice 338963
4 5

Fee $64.90 $201.90 $30.00 $77.50 $25.58 $536.00 $7.70 $104.00

Fee (x 50%) $32.45 $100.95 $15.00 $38.75 $12.79 $268.00 $3.85 $52.00

The witness invoices described in this table are attached as Exhibit 4. The invoices for photocopy and e-discovery described in this table are attached as Exhibit 5.

MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 3

Description Copies Invoice 341264 Invoice 344044 Invoice 346566 Howrey LLP Invoice 992775 Invoice 1004837 Invoice 1035846 Invoice 9010005065 Invoice 9010023589 Invoice 9010023590 Invoice 9010026133 Invoice 9010028496 Invoice 9010031357 Subtotal:

Fee $24.70 $16.00 $0.60 $235.03 $1.20 $1,325.11 $1.12 $1.44 $1.40 $0.60 $172.25 $159.05 $330.80 $232.50 $235.20 $1,134.36 $212.40 $75.00 $15.20 $8.00 $14.80 $7.80 $22.20 $5.80 $7.20 $4.60 $ 373.00 $62.79 $67.05 $399.25 $558.30 $647.90 $1,735.29 $240.60 $243.50 $263.50 $ 747.60 $5,315.36

Fee (x 50%) $12.35 $8.00 $0.30 $117.52 $0.60 $ 662.56 $0.56 $0.72 $0.70 $0.30 $86.13 $79.53 $165.40 $116.25 $117.60 $ 567.19 $106.20 $37.50 $7.60 $4.00 $7.40 $3.90 $11.10 $2.90 $3.60 $2.30 $ 186.50 $31.40 $33.53 $199.63 $279.15 $323.95 $ 867.66 $120.30 $121.75 $131.75 $ 373.80 $2,657.71

Subtotal: Potter Minton (local counsel) Invoice 1001383 Invoice 1001052 Invoice 1002099 Invoice 1002643 Invoice 1002794 Invoice 1003176 Invoice 1005452 Invoice 1005745 Invoice 1006511 Invoice 1006949 Subtotal: Haltom & Doan (local counsel) Invoice - 11/09 Invoice - 12/09 Invoice - 1/10 Invoice - 2/10 Invoice - 3/10 Subtotal: Cornerstone Research Invoice 1838340025 Invoice 1838341034 Invoice 1838340339 Subtotal: Copies Total:

MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 4

Description E-discovery Howrey LLP Invoice 1004837 Invoice 1035846 Invoice 9010005065 Invoice 9010008555 Invoice 9010012371 Invoice 9010014252 Invoice 9010017788 Invoice 9010023589 Invoice 9010023590 Invoice 9010023590 ­ Research Solutions Invoice 56048 Invoice 9010023590 ­ Research Solutions Invoice 56071 Invoice 9010023590 ­ Research Solutions Invoice 56063 Invoice 9010026133 Invoice 9010026133 - University of Texas library photocopy fee Invoice 9010028496 Invoice 9010028496 ­ eLitigation Solutions, Inc. (15245) Invoice 9010031357 Document Technologies ­ Invoice 432310 Subtotal: Fulbright & Jaworski Invoice 11066069 Invoice 11046113 Subtotal: Teris Invoice 29971 Invoice 30286 Invoice 30647 Subtotal Cornerstone Research Invoice 1838340025 Invoice 1838340339 Invoice 1838340619 Invoice 1838341034 Subtotal: E-discovery Total:

Fee $18.00 $12.25 $81.20 $76.30 $76.30 $76.30 $123.20 $123.20 $123.20 $180.00 $100.00 $119.00 $123.20 $21.65 $178.15 $753.37 $178.15 $517.50 6 $2,880.97 $2,216.25 $1,147.50 $3,363.75 $6,511.55 $11,100.00 $11,250.00 $28,861.55 $390.00 $1,120.00 $1,925.00 $55.00 $3,490.00 $38,596.27

E-discovery and Copies Subtotal: $41,253.98

6

Total cost of $1,035.00 divided by two because this cost was related to two cases.

MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 5

Table 6: Docket fees under 28 U.S.C. 1923 7 Description Fee PACER fees Brinks Hofer Gibson & Lione Invoice 336397 $9.76 Howrey LLP Invoice 1004837 $46.00 Invoice 1030203 $23.84 Potter Minton Invoice 1002099 $4.60 Haltom & Doan Invoice 22612 $71.76 Invoice 22630 $15.12 Subtotal: $171.08 Table 7: Compensation of interpreters and costs of special interpretation services under 28 U.S.C. 1828 8 Date 8/19/2009 12/16/2009 Fee Witness Split with Total Fee Google $402.50 $402.50 $622.50 $622.50 Subtotal: $1,025.00

$805.00 Ilya Geller $1,245.00 Ilya Geller

Table 8: Other Costs 9 Audio Visual / Trial Support Allen T. Eaton (Trial Technician) Date Total 2/28/2010 $341.34 3/1/2010 $2,812.00 Subtotal: $3,153.34

7 8

The invoices for PACER fees described in this table are attached as Exhibit 6. The enumerated interpreter fees described in this table are attached as Exhibit 7. 9 The audio/visual technical fees described in this table are attached as Exhibit 8. MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 6

Total Costs under 28 U.S.C. § 1920 Category Subtotal Table 1: Fees of the Clerk $125.00 Table 2: Fees for service of summons and subpoena $120.00 Table 3: Fees for printed or electronically recorded transcripts $45,952.18 necessarily obtained for use in the case Table 4: Fees for witnesses $5,588.40 Table 5: Fees for exemplification and the costs of making copies of $41,253.98 any materials where the copies are necessarily obtained for the case Table 6: Docket fees under 28 U.S.C. 1923 $171.08 Table 7: Compensation of interpreters and costs of special $1,025.00 interpretation services under 28 U.S.C. 1828 Table 8: Other Costs $3,153.34 Subtotal: $97,388.98 Dated: April 2, 2010 /s/ Jennifer H. Doan Jennifer H. Doan Joshua Reed Thane John Scott Andrews HALTOM & DOAN Crown Executive Center, Suite 100 6500 Summerhill Road Texarkana, TX 75503 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Jason C. White HOWREY LLP 321 N. Clark Street, Suite 3400 Chicago, IL 60654 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Defendant Yahoo! Inc.

MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 7

CERTIFICATE OF SERVICE I certify that a copy of MEMORANDUM IN SUPPORT OF YAHOO! INC.'S BILL OF COSTS was served upon counsel of record via CM/EFC on April 2, 2010. /s/ Jennifer H. Doan Jennifer H. Doan CERTIFICATE OF CONFERENCE I hereby certify that I participated in a meet and confer, as required by Local Rule CV7(h), CV-54 regarding Yahoo!'s Bill of Costs. The meet-and-confer occurred by telephone on April 2, 2010, and involved me, Margaret Kammerud, Harry Gillam Jr., Jason White, J. Scott Andrews, David Pridham, and Andrew Spangler. At the conference, Plaintiff's counsel indicated that they had no specific comments as to any cost request and presently oppose all costs. They indicated that they may contact counsel for additional discussion in the future. /s/ Jason White Jason C. White

MEMORANDUM IN SUPPORT OF YAHOO!'S BILL OF COSTS ­ Page 8