I/P Engine, Inc. v. AOL, Inc. et al

Filing 809

BILL OF COSTS by I/P Engine, Inc.. (Sherwood, Jeffrey)

AO 133

(Rev. 12/09) Bill of Costs

UNITED STATES DISTRICT COURT
for the

Eastern District of Virginia
__________ District of __________
)
)
)
)
)

I/P ENGINE, INC.

v.
AOL, INC. et al.

Case No.: 2:11-cv-512

BILL OF COSTS
Judgment having been entered in the above entitled action on

11/21/2012

against

,

AOL, INC. et al.

Date

the Clerk is requested to tax the following as costs:
Fees of the Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

$

1,175.00
568.75

Fees for service of summons and subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65,859.64

Fees for printed or electronically recorded transcripts necessarily obtained for use in the case . . . . . .
Fees and disbursements for printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0.00

Fees for witnesses (itemize on page two) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29,128.73

Fees for exemplification and the costs of making copies of any materials where the copies are
necessarily obtained for use in the case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86,707.89

Docket fees under 28 U.S.C. 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0.00

Costs as shown on Mandate of Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0.00

Compensation of court-appointed experts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0.00

Compensation of interpreters and costs of special interpretation services under 28 U.S.C. 1828 . . . . .

0.00

Other costs (please itemize) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0.00

TOTAL

$

183,440.01

SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories.

Declaration
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the
services for which fees have been charged were actually and necessarily performed. A copy of this bill has been served on all parties
in the following manner:

✔

Electronic service

First class mail, postage prepaid

Other:
s/ Attorney:

/s/ Jeffrey K. Sherwood

Name of Attorney: Jeffrey K. Sherwood
For:

Date:

I/P Engine, Inc.

12/03/2012

Name of Claiming Party

Taxation of Costs
Costs are taxed in the amount of

and included in the judgment.
By:

Clerk of Court

Deputy Clerk

Date

AO 133 (Rev. 12/09) Bill of Costs

UNITED STATES DISTRICT COURT
Witness Fees (computation, cf. 28 U.S.C. 1821 for statutory fees)
ATTENDANCE

SUBSISTENCE

Days

Total
Cost

Days

Total
Cost

4

160.00

21

1,869.00

3,596.60

$5,625.60

2

80.00

24

2,340.57

2,742.72

$5,163.29

2

80.00

20

2,979.73

5,662.92

$8,722.65

5

200.00

13

1,157.00

586.46

$1,943.46

2

80.00

15

1,335.00

2,906.18

$4,321.18

2

80.00

14

1,789.30

1,483.25

$3,352.55

NAME , CITY AND STATE OF RESIDENCE

Andrew Perlman, New York, NY
Alexander Berger, New York, NY
Andrew Lang, New York, NY

Donald Kosak, Hilo, HI

Dr. Ophir Frieder, Chevy Chase, MD

Dr. Stephen Becker, Austin, TX

Dr. Jaime Carbonell, Pittsburgh, PA

MILEAGE

Miles

Total
Cost

TOTAL

Total Cost
Each Witness

$29,128.73

NOTICE
Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides:
“Sec. 1924. Verification of bill of costs.”
“Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by
his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and
that the services for which fees have been charged were actually and necessarily performed.”
See also Section 1920 of Title 28, which reads in part as follows:
“A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.”
The Federal Rules of Civil Procedure contain the following provisions:
RULE 54(d)(1)
Costs Other than Attorneys’ Fees.
Unless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney's fees — should be allowed to the
prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk
may tax costs on 14 day's notice. On motion served within the next 7 days, the court may review the clerk's action.
RULE 6
(d) Additional Time After Certain Kinds of Service.
When a party may or must act within a specified time after service and service is made under Rule5(b)(2)(C), (D), (E), or (F), 3 days are
added after the period would otherwise expire under Rule 6(a).
RULE 58(e)
Cost or Fee Awards:
Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. But if a
timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become
effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.

CERTIFICATE OF SERVICE
I hereby certify that on this 3rd day of December, 2012, the foregoing I/P
ENGINE INC.’S BILL OF COSTS PURSUANT TO 28 U.S.C. § 1920, FED. R. CIV. P.
54(D)(1), AND LOCAL RULE 54(D)(1), was served via the Court’s CM/ECF system, on the
following:
Stephen Edward Noona
Kaufman & Canoles, P.C.
150 W Main St
Suite 2100
Norfolk, VA 23510
[e-mail]
David Bilsker
David Perlson
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
[e-mail]
[e-mail]
Robert L. Burns
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Two Freedom Square
11955 Freedom Drive
Reston, VA 20190
[e-mail]
Cortney S. Alexander
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
3500 SunTrust Plaza
303 Peachtree Street, NE
Atlanta, GA 94111
[e-mail]
/s/ Jeffrey K. Sherwood