Civil Remedies – May 23, 2012

by McDermott Will & Emery on 4/30/2012

In This Issue: - Patents *Patent Applicants Can Submit New Evidence to the District Court in Civil Actions Under §145 *To Quote Mark Twain, “Reports of My (Inequitable Conduct) Death Have Been Greatly...more

by Snell & Wilmer L.L.P. on 4/18/2012

Last summer, we discussed the split of authority regarding the recoverability of e-discovery costs by a prevailing party in federal court under 28 U.S.C. § 1920. Generally, a court may award “[f]ees for exemplification and...more

by Morgan Lewis on 3/22/2012

A recent opinion vacating most of the electronic discovery costs affirmed in Race Tires II provides clarity in the Third Circuit as to the limited scope of electronic discovery costs recoverable by a prevailing civil...more

by Reed Smith on 3/13/2012

The costs of electronic discovery have traditionally been borne by the producing party. Even a defendant found free of liability could still be stuck with the bill for these costs. But a growing number of court decisions...more

by Finnegan on 1/26/2012

In this issue: Ascentive, LLC v. Opinion Corp., 2011 WL 6181452 (E.D.N.Y. Dec. 13, 2011); L.F.P. IP, Inc. v. Hustler Cincinnati, Inc., 2011 WL 5024356 (S.D. Ohio Oct. 20, 2011); Marketquest Group, Inc. v. BIC Corp., 2011 WL...more

by Gregory P. Bufithis, Esq. on 10/31/2011

By Athina Kontosakou, Consulting Attorney 18 October 2011 – Almost a month before the adoption of a package of measures improving the system of competition enforcement in Europe, we attended the 15th Annual Competition...more

by Dechert LLP on 10/12/2011

Last August we posted about a notable clerk’s order in the Eastern District of Pennsylvania that taxed, as costs, several hundred thousand dollar’s worth of e-discovery expenses against the losing party in an antitrust...more

by Morgan Lewis on 6/20/2011

To what extent might it be possible to recoup costs associated with electronic discovery as part of a trial judgment? Federal Rule of Civil Procedure 54(d) gives the prevailing party the right to recover costs where...more