CBT Flint Partners, LLC v. Return Path, Inc., No. 13-1036 (Fed. Cir. 2013)
Annotate this CaseCBT sued Return Path and Cisco IronPort for infringement. The district court construed the claims at issue; CBT stipulated to noninfringement of the 114 patent and the district court granted summary judgment of indefiniteness of the one asserted claim of the 550 patent. After a remand, the district court held that CBT should pay the defendants their “costs,” which the clerk taxed at $49,824.60 for Return Path and $268,311.12 for Cisco. The same bills for electronic discovery had been submitted and had been the basis of an award prior to the remand. The Federal Circuit reversed part, finding that the district court erred in its interpretation of 28 U.S.C. 1920(4) governing the taxation of costs for “making copies” as applied to electronic document production.
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