Thursday, 11 June 2009

Translation costs: can anyone top this figure?

Lest anyone imagine for a minute that the cost of translation is a trifling consideration, here's a link to a note in the excellent Patently-O weblog on yesterday's ruling in Ortho-McNeil Pharm., Inc. v. Mylan Labs., Inc. (Fed. Cir. 2009)(Dyk, J.), full judgment here. The title of the note -- "Court Costs: $1,000,000 in Translation Costs Awarded to Prevailing Party" -- gives a good clue to what comes next, since the trial court awarded costs in favour of the successful party that looked like this:
Fees of Clerk $ 75.00
Service of summons & subpoena $ 1,676.81
Court reporter fees:
* Trial transcripts $ 31,225.18
*Deposition transcripts $ 112,911.70
* Witness fees $ 53,939.94
Exemplification & copying fees $ 89,424.20
Interpretation $ 24,512.36
Translation $ 1,011,712.00
Total $ 1,330,401.39
In this action, which involved a US patent for levofloxacin, the Federal Circuit upheld this assessment, with the exception of the cost of the depositions, which were split between this action and another in which the same patent was being litigated.

PatLit wonders whether its readers have ever seen larger translation bills. If you have, please email one of the team or post your figure by using the Comment feature below.

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