AstraZeneca AB v. Mylan Laboratories, 1:00-cv-06749

This is a Bill of Costs dispute in the OMEPRAZOLE MDL before the SDNY; Astraza objects to most of Mylan/Esteve's requested costs.
Judgment was entered in 2007 in favor of Mylan/Esteve against Astra; the Federal Circuit affirmed in 2008.
Mylan/Esteve initially sought $376,810.79 in costs; amended to $377,180.26.
Clerk awarded $166,068.43 in August 2012; the Court then resolved remaining costs under §1920 and Local Rule 54.1.
June 2010 Opinion standardized methodology for taxable costs; September 2010 Opinion reconciled §1920 and Local Rule costs.
Court concludes the remaining taxable costs total $184,054.52 and directs a revised application within 30 days.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the remaining costs taxable under §1920 and Local Rule 54.1?	Astra asserts limited categories and need for separation by defendant.	Mylan/Esteve contends most legally taxable costs should be awarded per prior rulings.	Yes; Court taxes applicable costs under §1920 with LR 54.1 precedence and grants most items.
Which transcript-related costs are taxable (trial and depositions)?	All designated/transcribed materials used in evidence should be taxable.	Some items (minuscripts, Real Time, etc.) are not taxable.	Original trial transcripts and deposition exhibits taxable; minuscripts and nonessential Real Time fees denied; exhibit fees taxable.
Are overseas deposition travel costs taxable?	Travel costs to foreign depositions should be taxable as authorized by Court orders.	Counsel travel costs are attorney fees, not taxable.	Denied; overseas counsel travel costs treated as non-taxable attorney fees.
Are photocopying and miscellaneous exhibit/document costs taxable?	Copying costs for discovered documents should be taxable if reasonably incurred.	Only copies for exhibits used or received should be taxed; broader copying costs disputed.	Taxable at limited scope: $230 for exhibit copies; $29,104.20 for discovery photocopies; misc. demonstrative equipment taxed; post-trial briefs not taxable.

Dattner v. Conagra Foods, Inc., 458 F.3d 98 (2d Cir. 2006) (authority on prevailing-party costs entitlement and framework for scrutiny of costs)
Cosgrove v. Sears, Roebuck, & Co., 191 F.3d 98 (2d Cir. 1999) (discretion in costs decisions under Rule 54(d) and 28 U.S.C. § 1920)
Farmer v. Arabian American Oil Co., 379 U.S. 227 (1964) (discretion in taxing costs and sparing use of those costs not specifically allowed by statute)
Evergreen Pipeline Constr. Co., Inc. v. Merritt Meridian Constr. Corp., 95 F.3d 153 (2d Cir. 1996) (photocopying costs may be taxable with documentation of necessity and amounts)