Cbt Flint Partners, LLC v. Return Path, Inc.

I agree with much of the majority’s thoughtful discussion of the scope of costs recoverable under 28 U.S.C. § 1920(4) and that the bulk of the costs awarded by the district court in this case are not recoverable thereunder. Clearly, the many and varied vendor services the majority categorizes as falling into “stage two” of its analysis cannot be characterized as “costs” under § 1920(4). Nor can the charges for the prior-art searches conducted on behalf of Return Path. I agree, accordingly, that the judgment deeming those items recoverable as “costs” must be reversed. I do not believe the…