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Federal Circuit Addresses eDiscovery Cost Recovery by Prevailing Parties

In a Nov. 23, 2011 decision that adds to the growing body of case law supporting the recovery of eDiscovery costs by prevailing parties under Fed.R.Civ.P. 54(d) and 28 U.S.C. § 1920(4), the Court of Appeals for the Federal Circuit held that although “the costs of producing a document electronically can be recoverable under section 1920(4),” the parties’ cost-sharing agreement precluded the prevailing parties’ claim for $234,702.43 of the $235,281.03 in costs they paid to Stratify for use of its ESI-review software.  In re Ricoh Co., Ltd. Patent Litig. (Fed. Cir. Nov. 23, 2011). (more…)

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