Magistrate Judge Ramirez Rules that Audio/Visual Costs are Not Recoverable Without Pre-Authorization

On January 30, 2018, Magistrate Judge Ramirez issued a ruling in Jean Melchior v. Hilite International, Inc. (available here). At trial, Melchior prevailed on its patent-infringement claim, but the Federal Circuit later vacated the judgment. Hilite then submitted its bill of costs that included, after an agreed reduction, over $100,000 for “Audio/Visual Services.” Melchior objected to any award of costs for audio/visual services.  The Court noted that costs are taxable if they are for “exemplification.” But the Court found that costs related to the creation and presentation of graphics for trial are not an “official transcript of public record, and therefore do not fit within the narrow meaning of  ‘exemplification.’” The Court concluded that audio/visual costs are not recoverable without pre-authorization from the court. Therefore, because Hilite did not obtain pre-authorization, it could not recover those costs.