Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Intellectual Ventures I LLC v. Symantec Corp.

United States District Court, D. Delaware

September 30, 2019

INTELLECTUAL VENTURES I LLC and INTELLECTUAL VENTURES II LLC, Plaintiffs,
v.
SYMANTEC CORPORATION and VERITAS TECHNOLOGIES LLC, Defendants.

          MEMORANDUM ORDER

          LEONARD P. STARK, UNITED STATES DISTRICT JUDGE

         Having reviewed the record, and for the reasons stated below, IT IS HEREBY ORDERED THAT Defendants' Motion for Review of Clerk's Taxation of Costs (D.I. 372) is GRANTED IN PART and DENIED IN PART, and Plaintiffs are ordered to pay Defendants' costs in the amount of $154, 554.13.

         1. On March 18, 2013, Plaintiffs Intellectual Ventures I LLC and Intellectual Ventures II LLC (collectively, "IV") filed this patent infringement action against two defendants, Symantec Corporation ("Symantec") and Veritas Technologies LLC ("Veritas") (collectively, "Defendants"), asserting United States Patent Nos. (a) 6, 732, 359 ("the '359 patent"), (b) 6, 598, 131 ("the '131 patent"), and (c) 5, 537, 533 ("the '533 patent"). (D.I. 1)

A. On May 27, 2015, the Court signed the parties' jointly proposed "Stipulated Dismissal" of IVs infringement claims relating to the '359 patent. (D.I. 184) ('"359 Dismissal") The '359 Dismissal expressly provided: "Each side will bear its own fees and costs as to the dismissed claims and counter-claims relating to the '359 patent." (Id.)
B. On November 2, 2016, the Court signed the parties' jointly proposed "Stipulation and Non-Final Judgment of Non-Infringement" of the ' 131 patent. (D.I. 288) ('131 Judgment") In the ' 131 Judgment, IV agreed that, due to certain of the Court's rulings (including claim construction), it could not prove infringement of any asserted claim of the ' 131 patent, although it also attempted to reserve the right to challenge those rulings on appeal. (See Id . at 2)
C. On February 13, 2017, the Court granted Defendants' motion for summary judgment of patent ineligibility, non-infringement, and no willful infringement of the asserted claims of the '533 patent. (D.I. 335) ('"533 Judgment")

         2. On February 16, 2017, the Court entered Final Judgment for Defendants and against IV. (D.I. 340)

         3. On March 15, 2018, the Court of Appeals for the Federal Circuit affirmed this Court's Final Judgment. (D.I. 347)

         4. As shown in the recitation above, and as correctly stated by Defendants: "Resolving the infringement claims by Intellectual Ventures I LLC and Intellectual Ventures II LLC (collectively, 'IV') took over half a decade of document production, depositions, hearings, and multiple opinions and judgments by this Court and the Federal Circuit." (D.I. 372 at 1)

         5. On June 27, 2018, Defendants filed a Bill of Costs, supported by a Declaration of Lisa K. Nguyen and other documentation, with the Clerk of Court. (D.I. 351, 352, 353)

         6. IV objected to the Bill of Costs on July 25, 2018. (D.I. 361)

         7. On January 18, 2019, the Clerk entered his Taxation of Costs in the amount of $21, 485.85 on January 18, 2019. (D.I. 371) ("Taxation")

         8. Defendants objected to the Clerk's Taxation and their motion for review of that Taxation is fully briefed. (See D.I. 372, 373, 374)

         9. "Federal Rule of Civil Procedure 54(d) gives courts the discretion to award costs to prevailing parties." Taniguchi v. Kan. Pac. Saipan, Ltd.,566 U.S. 560, 565 (2012). In particular, Rule 54(d)(1) provides: "Unless a federal statute, these rules, or a court order provides otherwise, costs - other than attorney's fees - should be allowed to the prevailing party." As the Third Circuit has observed, Rule 54(d)(1) "uses the word 'costs' as a term of art, rather than to refer to all expenses a prevailing party may incur in a given action." In re Paoli R.R. Yard PCB ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.