See Roberts v. Madigan, 921 F.2d 1047, 1058 (10th Cir. 1990) (upholding award of costs to defendant who prevailed on “vast majority of issues and on the issues truly contested at trial,” and basing holding on “broad discretion” of the district court to determine prevailing party).

The case is not over... it looks like edig is mulling over for going for the costs of the trial.