Inline Plastics Corp. v. Lacerta Group, Inc. (18-cv-11631).

  • February 21, 2023

Inline accused Lacerta of infringing a patent relating to tamper-resistant plastic food containers in 2018.  Last year, a jury found that Lacerta did not infringe the patent, and Lacerta submitted a bill of costs.  Inline moved to stay or disallow these costs. 

Judge Hillman denied the motion to stay, finding the possibility that Inline might win on appeal was insufficient to justify a stay.  In terms of specific costs, Judge Hillman noted that deposition transcripts can only be taxed, absent special circumstances, if the transcript was used at trial or entered into evidence, neither of which took place.  He disallowed the cost of the deposition transcript for a third party witness who spoke solely on the issue of inequitable conduct, given that the inequitable conduct issue was not presented at the trial, and instead has been stayed pending the appeal in the case.  He allowed costs for transcripts of the trial and the Markman and summary judgment hearings, finding the case to be sufficiently complicated to make these transcripts necessary.  Finally, he awarded reduced amounts for copying and courier services, and awarded a total of $17,947.08.

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