Anascape, Ltd v. Microsoft Corp. et al

Filing 415

PROPOSED BILL OF COSTS filed by Nintendo of America, Inc.. (Attachments: # 1 Certificate of Conference and Certificate of Compliance, # 2 Affidavit Declaration of J Blank, # 3 Exhibit A, # 4 Exhibit B Part 1, # 5 Exhibit B Part 2, # 6 Exhibit B Part 3)(Blank, James)

Anascape, Ltd v. Microsoft Corp. et al

Doc. 415 Att. 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OF AMERICA INC., Defendants. § § § § § § § § § §

Hon. Ron Clark

Civil Action No. 9:06-CV-00158-RC

DECLARATION OF JAMES S. BLANK IN SUPPORT OF NINTENDO OF AMERICA INC.'S BILL OF COSTS

I, James S. Blank, declare as follows: 1. I am a partner at the law firm of Kaye Scholer LLP, attorney of record for

Defendant Nintendo of America Inc. ("Nintendo") 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 Nintendo 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, and have been paid in full.

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Dockets.Justia.com

I.

TOTAL COSTS 4. The chart immediately below summarizes Nintendo'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 Costs as Shown on Mandate of Court of Appeals Compensation for Court Appointed Experts Compensation for Interpreters Audio/Visual Support Premiums Paid for Bonds Amount $455.00 $33,864.55 $11,201.77 $20,082.57 $4,085.66 $2,863.69 $3,926.33 $46,691.02 $274,078.00 Total: $397,248.59

II.

DOCKET FEES1 Payee U.S. District Court, Eastern District of Texas Event 7/29/2008 -- Fee for filing Notice of Appeal Fee/Exhibit $455.00 [A1-A2]2 Total: $455.00 COURT REPORTER FEES3 Payee TSG Reporting, Inc. Event 3/17-19/2008 -- Brad Armstrong Fee/Exhibit $4,128.30 [B1-B6]4

III.

1

See F.R.A.P. 39(e)(4). True and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit A. 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 such costs, are collected and attached hereto as Exhibit B. 2

2

3

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Payee LegaLink, Inc. Christina L. Bickham, CRR RMR

Event Deposition 3/21/2007 -- Jon Pederson Deposition 4/25/2008 -- Trial Transcripts

Fee/Exhibit $540.58 [B7-B8] $17,627.40 ($35,000.00 Deposit $17,372.60 Refund) [B9-B11, B43] $1,883.45 [B12-B13] $1,425.60 [B14-B16] $621.70 [B17-B18] $669.20 [B19-B20] $603.80 [B21-B22]

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. LegaLink, Inc. LegaLink, Inc. Henjum Goucher Reporting Services, L.P. LegaLink, Inc. LegaLink, Inc. LegaLink, Inc. LegaLink, Inc. Christina L. Bickham, CRR RMR LegaLink, Inc. Christina L. Bickham, CRR RMR

4/19/2007 -- Brad Armstrong Deposition 10/16/2007 -- Kelly Tyler Deposition 1/23/2008 -- Genyo Takeda, Nintendo Corporate Representative Deposition 1/24/2008 -- Akio Ikeda, Nintendo Corporate Representative Deposition 1/25/2008 -- Kazunori Koshiishi, Nintendo Corporate Representative Deposition 11/9/2007 -- George Harrison Deposition 11/9/2007 -- Jacqualee Story Deposition 11/8/2007 -- Collette Meader Deposition 2/20/2008 -- Susan Panico Deposition 4/15/2008 -- Walter Bratic Deposition 10/17/2007 -- Howard Cheng Deposition 10/3/2007 -- Steve Bowman Deposition 10/4/2007 -- Brian Carlson Deposition 3/27/2008 -- Robert Howe Deposition 4/4/2008 -- Mark Baldwin Deposition 9/19/2007 -- Claim Construction Hearing 12/20/2008 -- Bernard Stolar Deposition 8/22/2007 -- Claim Construction Hearing

$855.50 [B23-B24] $534.00 [B25-B26] $480.30 [B27-B28] $296.70 [B29, B8] $667.72 [B30, B8] $546.90 [B31-B32] $279.50 [B33, B8] $406.35 [B34, B8] $410.65 [B35, B8] $187.05 [B36, B8] $814.98 [B37-B38] $126.85 [B39, B8] $653.14 [B40-B41]

4

The court reporters fees set forth in this Section III are solely for the costs of transcripts themselves. Nintendo does not seek costs for expedited delivery, videotaping, synchronization, ASCII, exhibits, shipping, etc. 3

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Payee Christina L. Bickham, CRR RMR

Event 12/13/2006 -- Transcript of Case Management Conference

Fee/Exhibit $104.88 [B42] Total: $33,864.55

IV.

WITNESS FEES5 Payee Kazunori Koshiishi Genyo Takeda Akio Ikeda Event Attendance deposition testimony -1/23/08 Attendance deposition testimony -1/25/08 Attendance deposition -- 1/24/08 Attendance trial testimony -- 5/8/08 Going and coming from trial Airfare Subsistence (1 day of trial + 4 days @ $130/day) Attendance deposition testimony -11/8/07 Attendance deposition testimony -11/9/07 Attendance deposition testimony -10/17/07 Attendance deposition testimony -11/9/07 Attendance trial testimony -- 5/8/08 Going and coming from trial Airfare Subsistence (5/4/08-5/14/08) (11 days @ $130/day) Jon Pederson Attendance deposition testimony -3/21/07 Attendance trial testimony -- 5/8/08 Fee/Exhibit $40.00 $40.00 $40.00 $40.00 $80.00 $3,500.00 [C1-C2] $650.00 $40.00 $40.00 $40.00 $40.00 $40.00 $80.00 $1,026.29 [C3-C7, C25-C30] $1,430.00 [C3-C7, C25-C30] $40.00 $40.00

Collette Meader George Harrison Howard Cheng Jacqualee Story

5

See 28 U.S.C. §1821. Where these costs have already been paid, true and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit C. 4

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Payee

Event Going and coming from trial Airfare Lodging (5/6/08-5/8/08) (1 day of trial +2 days @ $130/day) Car rental

Fee/Exhibit $80.00 $1,026.29 [C8-C14, C19-C24] $390.00 [C8-C14, C19C 24] $247.32 [C8-C14, C19C 24] $80.00 $80.00 $433.00 [C17] $297.46 [C17] $14.16 [C17] $780.00 $40.00 $40.00 $227.25 [C15-C16, C18] $260.00 Total: $11,201.77

Robert Dezmelyk (Nintendo noninfringement and invalidity expert)

Ed Fiorito (Nintendo PTO expert)

Attendance trial testimony -- 5/8, 12/08 Going and coming from trial Airfare Car rental Gas Subsistence (2 days of trial + 4 days @ $130/day) Attendance trial testimony -- 5/14/08 Going to and coming from trial Mileage Subsistence (2 days @ $130/day)

V.

PRINTING/COPY/EXEMPLIFICATION FEES6 5. Regarding those copying and printing costs claimed by Nintendo below, such

costs include expenses associated with (i) the preparation of 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 used to cross-examine Anascape's witnesses.

6

True and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit D. 5

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Payee Trial Access, Inc.

TransPerfect Document Management, Inc. TransPerfect Document Management, Inc.

Event 4/27/08 - 5/16/08 -- 65,127 copies @ $.035 per page; rental of 2 black and white copiers, 4 laser printers and 1 color laser printer; 15 boxes of copy paper 4/28/08 4/25/08

Fee/Exhibit $3,909.45 [D1-D2]

$11,641.62 [D3, D5] $5,251.50 [D4-D5] Total: $20,082.57

VI.

COSTS ON MANDATE OF COURT OF APPEALS7 Payee n/a 6/8/10 Mandate Event Fee/Exhibit $4,085.66 [E1] Total: $4,085.66

VII.

COMPENSATION FOR COURT APPOINTED EXPERT8 Event 11/29/07 - Services rendered as Technical Advisor in Case No. 9:06cv-00158-RHC 5/26/08 - Services rendered as Technical Advisor in Case No. 9:06cv-00158-RHC Fee/Exhibit $1,738.69 [F1]

Payee Howard K. Schmidt, Ph.D Howard K. Schmidt, Ph.D

$1,125.00 [F2]

Total: $2,863.69

7

True and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit E. True and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit F.

8

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VIII. COMPENSATION FOR INTERPRETERS9 Payee Jared Taylor Event 5/7-8/08 -- Japanese translation for Akio Ikeda, @$1,400/day plus airfare ($433.00), hotel, rental car, gasoline, taxis and meals Fee/Exhibit $3,926.33 [G1-G2]

Total: $3,926.33

6.

At trial Mr. Taylor served as a Japanese interpreter pursuant to this Court's Order

dated April 29, 2008 (Dkt. No. 298). IX. AUDIO/VISUAL SUPPORT10 Payee Kamaria Henderson (FTI Senior Consultant) FTI/Aquipt FTI/Aquipt FTI/Aquipt FTI/Aquipt Event Fee/Exhibit Trial video, IT and graphics work (150 $41,250.00 [H4-H5, hours @ $275/hour) H10-H11, H17-H18] 4/30/08 -- Courtroom equipment rental $2,479.90 [H5, H13, H17] 4/30/08 -- Freight delivery charges for $1,341.88 [H5, H14, courtroom equipment H17] 5/8/08 -- Courtroom equipment rental $394.27 [H11, H15, H18] 5/30/08 -- Freight delivery charges for $1,224.97 [H11, H16, courtroom rental H18] Total: $46,691.02

7.

Ms. Henderson is an employee of the Trial Services division of FTI Consulting,

Inc. a litigation support consulting firm. Ms. Henderson provided Technology Consulting with the title Senior Consultant. Ms. Henderson was responsible for the in-court presentation of deposition video, trial exhibits and PowerPoints for opening and closing statements, defense
9

True and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit G. True and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit H. 7

10

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witness direct examinations and plaintiff witness cross-examinations. Ms. Henderson also supervised the preparation of all video depositions and exhibits for trial presentation and supervised and assisted in the preparation of the TrialMax exhibit database for Nintendo. Ms. Henderson also combined Nintendo's designations and Anascape's counter-designations, ensuring that all objections were edited from the video clips pursuant to the Court's direction and that all clips were properly trimmed. Portions of her time for April 15-18, 21-23, 28-30, 2008 and May 1-16, 2008 are included herein. PREMIUMS PAID FOR BONDS11 Payee Parker Smith & Feek, Inc. Parker Smith & Feek, Inc. Parker Smith & Feek, Inc. Parker Smith & Feek, Inc. Event Premium paid for $27,699,538 supersedeas bond for the period 7/25/08 to 7/25/09 Premium paid for $10,366,957 royalty payment bond for the period 7/25/08 to 7/25/09 Premium paid for renewal of $27,699,538 supersedeas bond for the period 7/25/09 to 7/25/10 Premium paid for renewal of $10,366,957 royalty payment bond for the period 7/25/09 to 7/25/10 Fee/Exhibit $99,718.00 [I1, I3-I4]

X.

$37,321.00 [I2, I3-I4]

$99,718.00 [I5, I7-I8]

$37,321.00 [I6-I8]

Total: $274,078.00

11

See F.R.A.P. 39(e)(3). True and correct copies of various documents, evidencing payment of such costs, are collected and attached hereto as Exhibit I. 8

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I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on July 6, 2010 in New York, New York.

/s/ James S. Blank James S. Blank

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