United States District Court, N.D. Illinois, Eastern Division
MEMORANDUM OPINION AND ORDER
MATTHEW F. KENNELLY, UNITED STATES DISTRICT JUDGE
Inc. sued International Game Technology, IGT, Doubledown
Interactive LLC, and Masque Publishing, Inc. alleging
copyright infringement and violations of the Digital
Millennium Copyright Act (DMCA). GC2's claims went to
trial in January 2019. The jury found for the plaintiff. The
parties filed a number of post-trial motions, including
motions for judgment as a matter of law, for a new trial, and
for attorney's fees. GC2 also sought litigation costs.
The Court ruled on post-trial motions but reserved ruling on
the bill of costs. See GC2 Inc. v. Int'l Game
Tech., No. 16 C 8794, 2019 WL 3080922, at *1 (N.D. Ill.
July 15, 2019).
Court assumes familiarity with the facts of the case, which
were described at length in previous rulings. See,
e.g., id. at *1-3. The only remaining issue
before the Court relates to GC2's bill of costs. GC2
seeks a total of $184, 769.56 in litigation-related costs.
requested costs are broken out into four categories, with
each category further subdivided into more precise line
items. First, GC2 seeks a total of $1, 531.50 for fees of the
clerk and marshal. Second, GC2 seeks a total of $145, 896.90
for transcripts of the trial and depositions as well as other
deposition-related expenses. Third, GC2 seeks an additional
$32, 102.86 for various costs related to printing and
exemplification. Fourth, GC2 asks for $5, 238 in costs
related to electronic discovery.
defendants submitted a painstaking brief objecting to nearly
every item of GC2's requested costs. They contend that
the plaintiff is entitled to a total of only $83, 881.61.
GC2's claimed costs and the amounts to which the
defendants contend it is actually entitled are as follows.
Fees of clerk and marshal
Transcripts and recordings
Printing and exemplification
generally Pl.'s Bill of Costs, dkt. nos. 427, 427-1.
may award specific litigation-related costs under 28 U.S.C.
§ 1920. See also 17 U.S.C. § 505
(providing for awarding costs in copyright cases); Rimini
Street, Inc. v. Oracle USA, Inc., 139 S.Ct. 873, 875
(2019) (holding that the Copyright Act's cost recovery
provision covers the same "six categories specified in
the general costs statute"). The statute specifically
enumerates certain costs that are taxable:
(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts
necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies
of any materials where the copies are necessarily obtained
for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of
interpreters, and salaries, fees, expenses, and costs of
special interpretation services under section 1828 of this
28 U.S.C. § 1902; see also Fed. R. Civ. P.
54(d)(1) ("[C]osts . . . should be allowed to the
party seeking costs has the burden of establishing that,
where appropriate, the costs it incurred were reasonably
necessary to the litigation. See Nat'l Org. for
Women, Inc. v. Scheidler, 750 F.3d 696, 698 (7th Cir.
2014); Alexander v. CIT Tech. Fin. Servs., Inc., 222
F.Supp.2d 1087, 1089-90 (N.D. Ill. 2002). But, in this
context, "necessary" does not mean
"indispensable"; the party seeking costs must
simply demonstrate that costs were incurred for more than