Judge Thrash of the Northern District of Georgia recently awarded post-judgment costs of over $240,000 in e-discovery vendor costs to a prevailing defendant in a patent infringement action. CBT Flint Partners LLC v. Return Path, Inc., No. 1:07-cv-1822 (TWT), 2009 U.S. Dist. LEXIS 121188 (N.D. Ga. Dec. 30, 2009).
Before you start drafting your brief seeking to recoup all costs associated with e-discovery in your case - note that this opinion is limited to a post-judgment award of costs and does not change the general rule that initially both sides bear their own costs for preserving, collecting, reviewing, and producing ESI during litigation. More...