Doc 412 is a 16-page rebuttal to digEcor's motion that EDIG is not due court costs. It's a good counterpunch to digEcor's arguments. I pasted the introduction below but the entire doc is on my box.net site. Also, they ammended their Bill of Costs to around $68K as seen in Doc 414.

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During the pendency of this lawsuit, e.Digital faced claims that, if successful, would have brought disaster on the company, including the possibility of an injunction ending its primary business and damages of up to 9 million dollars. Over the course of the three-years-plus litigation, e.Digital systematically defeated claim after claim, until only three issues remained for trial.1 On September 10, 2009, the Court issued its Findings of Fact and Conclusions of Law, deciding all of the trial issues in e.Digital’s favor and completely eliminating the longstanding legal threat against e.Digital. digEcor’s sole recovery in the case was an award of $80,000 to return the money it paid for a set of batteries that e.Digital had been unable to deliver and digEcor refused to accept— an issue which e.Digital did not actively dispute.

In response to e.Digital’s request for taxation of costs, digEcor now argues that e.Digital did not prevail in this matter, and that most of e.Digital’s costs are not recoverable. Specifically, digEcor points out that the Court has ordered that the parties bear their own costs in relation to several of the claims which they voluntarily dismissed. In its Supplemental Itemization of Costs, which is submitted simultaneously herewith, e.Digital has adjusted the costs requested, removing all costs specifically associated with the voluntarily dismissed claims. This new itemization fully answers digEcor’s objection. E.Digital is the prevailing party, and all costs detailed in the new itemization should be taxed against digEcor.