Anascape, Ltd v. Microsoft Corp. et al

Filing 396

PROPOSED BILL OF COSTS filed by Anascape, Ltd. (Attachments: # 1 Affidavit Declaration of Steven Callahan, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E Part 1, # 7 Exhibit E Part 2, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H)(Callahan, Steven)

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Anascape, Ltd v. Microsoft Corp. et al Doc. 396 Att. 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION Anascape, Ltd., Plaintiff, v. Microsoft Corp., and Nintendo of America, Inc., Defendants. DECLARATION OF STEVEN CALLAHAN IN SUPPORT OF ANASCAPE'S BILL OF COSTS I, Steven Callahan, declare as follows: 1. I am an associate at the law firm of McKool Smith, P.C., attorneys of Civil Action No. 9:06-cv-158-RC record for Plaintiff Anascape, Ltd. ("Anascape") in the above-referenced matter. I am over the age of twenty-one (21) and have never been convicted of any felony or misdemeanor, nor have I ever been arrested. I have either direct or indirect personal knowledge of the following facts and statements in this declaration and, if called upon to testify, I could and would testify competently thereto. 2. I attended each day of the jury trial of the above referenced case, and am one of the attorneys who represented Anascape in the above referenced case. 3. To the best of my knowledge, information and belief, all of the costs described below are correct and have been necessarily incurred in the case, and the services for which fees have been charged were actually and necessarily performed in the case. 4. I have been informed by Nintendo's counsel that Nintendo does not dispute the costs sought by Anascape as described herein. DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 1 OF 10 Dockets.Justia.com I. TOTAL COSTS 5. The chart immediately below summarizes Anascape's total costs. In the sections that follow, such costs are broken down in detail. Cost Docket Fees Court Reporter Fees Witness Fees Printing / Copy / Exemplification Fees Compensation for Court Appointed Expert Audio / Visual Support Amount $350.00 $38,451.51 $7,638.74 $26,658.09 $13,134.14 $27,750.00 Total: $113,982.48 II. DOCKET FEES1 2 Event 7/31/2008 -- Filing Fee Fee / Exhibit3 $350.00 [A1] Total: $350.00 Payee US District Clerk, Eastern District of Texas III. COURT REPORTER FEES4 Event 3/17/2008 -- Copy of Brad Armstrong Transcript 3/18/2008 -- Copy of Brad Armstrong Fee / Exhibit $1,147.25 [C15-C16] $932.75 [C28] Payee TSG Reporting, Inc. TSG Reporting, Inc. 1 True and correct copies of various documents, evidencing payment of these costs, are collected and attached hereto as Exhibit A. In certain instances, various exhibits have been redacted. 2 3 Exhibit B has been intentionally omitted. Reference to, for example, "A1" means that the supporting document is located at Exhibit A, page 1. True and correct copies of various documents, evidencing payment of these costs, are collected and attached hereto as Exhibit C. The payment documentation relating to Mr. Pederson's deposition is attached at Exhibit E (E20-E21). 4 DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 2 OF 10 Payee TSG Reporting, Inc. LegalLink Christina L. Bickham, CRR RMR Ellen Grauer Court Reporting Co., LLC TSG Reporting, Inc. Henjum Goucher Reporting Services, L.P. Henjum Goucher Reporting Services, L.P. Henjum Goucher Reporting Services, L.P. Henjum Goucher Reporting Services, L.P. Henjum Goucher Reporting Services, L.P. Henjum Goucher Reporting Services, L.P. Henjum Goucher Reporting Services, L.P. Henjum Goucher Reporting Services, L.P. LegalLink, Inc. LegalLink, Inc. Henjum Goucher Reporting Services, L.P. LegalLink, Inc. LegalLink, Inc. Event Transcript 3/19/2008 -- Copy of Brad Armstrong Transcript 4/12/2007 -- Jon Pederson Deposition 4/7/2008 -- Trial Transcripts 5/24/2007 -- Transcript for Brad Armstrong Deposition 10/31/2007 -- Kelly Tyler Deposition 2/1/2008 -- Interpreter for Genyo Takeda Deposition 2/1/2008 -- Interpreter for Nintendo Corporate Representative Deposition 2/1/2008 -- Interpreter for Nintendo Corporate Representative Deposition 2/7/2008 -- Genyo Takeda Deposition 11/9/2007 -- R. Sanchez Deposition 11/9/2007 -- A. Penello Jr. Deposition 11/19/2007 -- G. Harrison Deposition 11/19/2007 -- Jacqualee Story Deposition 3/4/2008 -- Transcript of Susan Panico Deposition 3/27/2008 -- Transcript of Mark Newman Deposition 10/30/2007 -- Transcript of H. Cheng Deposition 10/12/2007 -- Transcript of S. Bowman Deposition 10/12/2007 -- Transcript of B. Carlson Deposition Fee / Exhibit $630.50 [C107] $500.00 [E20-E21] $17,627.40 ($35,000.00 Deposit - $17,372.60 Refund) [C1-C5] $880.75 [C17-C18] $936.00 [C19-C20] $2,078.75 [C21-C22] $2,078.75 [C21, C24] $2,078.75 [C21, C26] $2,240.00 [Full day per diem plus witness fee] [C82, C159] $300.00 [C35, C64, C141] $885.00 [C37, C105] $800.00 [C37-C38] $490.00 [C37, C134] $296.70 [C55-C56] $227.90 [C57-C58] $820.00 [C59, C121] $279.50 [C61, C80] $406.35 [C61-C62] DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 3 OF 10 Payee LegalLink, Inc. LegalLink, Inc. Christina L. Bickham, CRR RMR LegalLink, Inc. Christina L. Bickham, CRR RMR LegalLink, Inc. Consulate General of the United States of America OsakaKobe Event 4/9/2008 -- Transcript of R. Howe Deposition 4/15/2008 -- Transcript of Mark Baldwin Deposition 9/27/2007 -- Claim Construction Hearing 1/4/2008 -- Transcript of B. Stolar Deposition 12/13/2006 -- Transcript of Case Management Conference 4/24/2008 -- Transcript of Walter Bratic Deposition 2/15/2008 -- Japanese Deposition Fee Fee / Exhibit $410.65 [C67, C135] $187.05 [C69-C70, C146C147] $272.13 [C90, C167-C168] $126.85 [C91-C92] $104.88 [C99, C101, C177, C179] $653.60 [C95, C127] $1,060.00 [C136-C139] Total: $38,451.51 IV. WITNESS FEES5 Event 4/19/2007 -- Attendance Deposition Testimony 3/17/2008 -- Attendance Deposition Testimony 3/18/2008 -- Attendance Deposition Testimony 3/19/2008 -- Attendance Deposition Testimony 5/5/2008 -- Attendance Trial Testimony 5/6/2008 -- Attendance Trial Testimony 5/13/2008 -- Attendance Trial Testimony 5/14/2008 -- Attendance Trial Testimony Fee / Exhibit $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 Witness Name Brad Armstrong (owner, Anascape) See 28 U.S.C. 1821. Where these costs have been paid already, true and correct copies of various documents, evidencing payment of such costs, have been collected and attached hereto as Exhibit D. DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 5 PAGE 4 OF 10 Witness Name Brian Carlson (owner, Anascape) Mark Baldwin (Anascape game design expert) Steven Bowman (owner, Anascape) Walt Bratic (Anascape damages expert) Event 7/18/2008 -- Attendance Post-Trial Hearing Testimony Going to and coming from trial Mileage: 859 miles @ 50.5 cents per mile. (3 round trips from Tyler to Lufkin for trial (80.5 miles one way)); 1 round trip from Tyler to Beaumont for post-trial hearing (188 miles one way).) Subsistence (8 days of trial + 1 day @ $122/day) 10/4/2007 -- Attendance Deposition Testimony 4/4/2008 -- Attendance Deposition Testimony 10/3/2007 -- Attendance Deposition Testimony 4/15/2008 -- Attendance Deposition Testimony 5/7/2008 -- Attendance Trial Testimony Going to and coming from trial Mileage: 242 miles @ 50.5 cents per mile (1 round trip from Houston to Lufkin for trial (121 miles one way)) Subsistence (2 days @ $122/day) 3/27/2008 -- Attendance Deposition Testimony 5/6/2008 -- Attendance Trial Testimony 5/7/2008 -- Attendance Trial Testimony 5/13/2008 -- Attendance Trial Testimony Going to and coming from trial Mileage: 484 miles @ 50.5 cents per mile (2 round trip from Houston to Lufkin for trial (121 miles one way)) 5/5/2008 Airfare and Car Rental Subsistence (3 days @ $122/day) 3/11/2008 -- Attendance Deposition Testimony 5/7/2008 -- Attendance Trial Testimony Fee / Exhibit $40.00 $80.00 $433.78 $1,098.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $122.21 $244.00 $40.00 $40.00 $40.00 $40.00 $40.00 $244.42 $1,863.41 [D2] $366.00 $40.00 $40.00 Dr. Robert Howe (Anascape infringement expert) Mark Newman (Anascape PTO expert) DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 5 OF 10 Witness Name Kelly Tyler (owner, Anascape) Event Going to and coming from trial Mileage: 242 miles @ 50.5 cents per mile (1 round trip from Houston to Lufkin for trial (121 miles one way)) 5/12/2008 -- Roundtrip Airfare for Mark Newman to and from Houston from Washington, D.C. for Anascape Trial Subsistence (2 days @ $122/day) 10/16/2007 -- Attendance Deposition Testimony 5/7/2008 -- Attendance Trial Testimony Going to and coming from trial Mileage: 242 miles @ 50.5 cents per mile (1 round trip from Houston to Lufkin for trial (121 miles one way)) Subsistence (2 days @ $122/day) Fee / Exhibit $40.00 $122.21 $1,414.50 [D70-D71] $244.00 $40.00 $40.00 $40.00 $122.21 $244.00 Total: $7,638.74 V. PRINTING / COPY / EXEMPLIFICATION FEES6 6. Regarding those copy/printing/image costs claimed by Anascape below, such costs include expenses associated with (i) the preparation of the original trial exhibits in accordance with this Court's requirements; (ii) preparation of trial exhibits for use in the courtroom during the course of the trial; (iii) preparation of daily binders for the Court, witnesses, and opposing counsel; (iv) preparation of briefing and case binders as requested by the Court; and (v) printing of various documents and exhibits to be used to cross examine Nintendo's witnesses. Payee Omar Moreno / OCE Printing Omar Moreno / OCE 6 Event 5/13/2008 -- Copy service while at trial 5/16/2008 -- Copy service while at trial Fee / Exhibit $1,672.46 [E4] $556.24 [E4] True and correct copies of various documents, evidencing payment of these costs, are collected and attached hereto as Exhibit E. DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 6 OF 10 Payee Printing Reed Technology & Information Services, Inc. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, Event 4/17/2008 -- Patent Document Delivery Services (Certified Copy of Patent-InSuit) 4/30/2008 -- Printing of Images 4/30/2008 -- Printing of Images 4/15/2008 -- Document Imaging 4/30/2008 -- Printing of Images 4/15/2008 -- Printing of Images 4/21/2008 -- Printing of Images 4/15/2008 -- Printing of Images 4/21/2008 -- Color Copies 4/21/2008 -- Color Copies 4/21/2008 -- Printing of Images 4/7/2008 -- Litigation Copies 4/23/2008 -- Trial Exhibit Boards 5/6/2008 -- Document Imaging 5/7/2008 -- Color Trial Exhibit Board Fee / Exhibit $237.45 [E50-E51] $3,450.34 [E24-E25] $4,194.64 [E24, E26] $2,005.65 [E28-E29] $994.38 [E30-E31] $911.38 [E32-E33] $791.57 [E34-E35] $741.51 [E36-E37] $686.31 [E38-E39] $680.89 [E40-E41] $522.63 [E42-E43] $520.25 [E44-E45] $346.40 [E46-E47] $239.99 [E49-E49] $184.03 [E55-E56] DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 7 OF 10 Payee L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. Pinnacle Reprographics-Digital, L.L.C. East Texas Copy Systems East Texas Copy Systems East Texas Copy Systems Event 4/21/2008 -- Color Copies 4/21/2008 -- Document Imaging 4/16/2008 -- Litigation Copies 4/15/2008 -- Color Copies 4/3/2008 -- Litigation Copies 4/21/2008 -- Digital Printing of Images 4/30/2008 -- Color Copies 4/17/2008 -- Copier Rental Fee for Trial 5/16/2008 -- Outside Copy Service 5/13/2008 -- Outside Copy Service Fee / Exhibit $167.53 [E58-E59] $167.40 [E59-E60] $158.80 [E61-E62] $153.63 [E63-E64] $92.36 [E65-E66] $1,615.22 [E67-E68] $1,093.33 [E69-E70] $2,245.00 [E91-E92] $556.24 [E94] $1,672.46 [E110] Total: $26,658.09 VI. COMPENSATION FOR COURT APPOINTED EXPERT7 8 Event 8/23/2007 -- Services Rendered as Technical Advisor in Case 9:06-cv00158-RHC 11/29/2007 -- Services Rendered as Fee / Exhibit $7,406.75 [F1-F2] $3,477.39 [F3-F4] Payee Howard K. Schmidt, Ph.D Howard K. Schmidt, 7 True and correct copies of various documents, evidencing payment of these costs, are collected and attached hereto as Exhibit F. 8 Exhibit G has been intentionally omitted. PAGE 8 OF 10 DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 Payee Ph.D Howard K. Schmidt, Ph.D Event Technical Advisor in Case 9:06-cv00158-RHC 5/26/2008 -- Services Rendered as Technical Advisor in Case 9:06-cv00158-RHC Fee / Exhibit $2,250.00 [F5-F6] Total: $13,134.14 VII. AUDIO / VISUAL SUPPORT9 Event Trial graphics work (150 hours @ $185.00/hour). Fee / Exhibit $27,750.00 [H16] Total: $27,750.00 7. Mr. Martin is a McKool Smith employee whose usual and customary Technician Chris Martin (McKool Smith Graphics Specialist) billing rate is $185.00/hour. Mr. Martin is a Graphics Specialist who received his Bachelor of Science degree in architecture from the University of Texas at Arlington in 1976 and has over thirty years of graphics design expertise. 8. Mr. Martin's experience in industrial design and engineering prototypes was used to accurately represent the working of the infringing Nintendo controllers. Mr. Martin disassembled the controllers and many of the components (potentiometers and injection molded elements) to create mechanically functional 3D animation. From technical documents and exemplars, Mr. Martin created 3D cross-sections of accelerometers to illustrate structure and operation. Mr. Martin converted figures from Mr. Armstrong's patent application into 3D forms True and correct copies of various documents, evidencing payment of these costs, are collected and attached hereto as Exhibit H. 9 DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 9 OF 10 to illustrate and animate mechanical operation. Mr. Martin also supervised the preparation of video depositions and exhibits for trial presentation. 9. Mr. Martin created extensive PowerPoint presentations used in Anascape's opening and closing statements, plaintiff presentations and expert examinations. Mr. Martin prepared cross-examination PowerPoints to be used to cross-examine Nintendo's experts. Mr. Martin also produced graphic boards and document enlargements for use at trial. Mr. Martin operated the PowerPoints throughout the entirety of the trial. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 8, 2008 in Grand Lake, Colorado. Steven Callahan DECLARATION OF STEVEN CALLAHAN Dallas 259420v6 PAGE 10 OF 10

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