The Conclusion of the Article:
“If the Ninth Circuit agrees with the Third Circuit’s view of Section 1920(4), as seems likely after the Supreme Court’s decision in Taniguchi addressing Section 1920(6) specifically and the dicta in Taniguchi addressing Section 1920 generally, the district courts and other circuits will almost certainly follow suit.
If that prediction is correct, it will take a further amendment to Section 1920(4) before e-discovery costs beyond ‘making copies’ are awardable. In the meantime, parties seeking cost shifting will have to do so under the authority of Fed. R. Civ. P. 26(b)(2)(B) or 26(c).”
Referenced Authority:
- Race Tires Amer. Inc. v. Hoosier Racing Tire Corp., 2011 WL 1748620 (W.D. Pa. May 6, 2011)
- Jardin v. Datallegro, Inc., 2011 WL 4835742 (S.D. Calif. Oct. 12, 2011)
- In Re Ricoh Company Ltd. Patent Litigation, 661 F.3d 1361 (Fed. Cir. 2011)
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