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SUMMIT TECHNOLOGY, INC. v. NIDEK CO., LTD.

No. 05-1292.

435 F.3d 1371 (2006)

SUMMIT TECHNOLOGY, INC., Plaintiff-Appellant, v. NIDEK CO., LTD., NIDEK, INC., and NIDEK TECHNOLOGIES, INC., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

January 26, 2006.

Attorney(s) appearing for the Case

Russell E. Levine, P.C., Kirkland & Ellis LLP, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief was Christopher R. Liro.

Neil B. Siegel, Sughrue Mion, PLLC, of Washington, DC, argued for defendants-appellees. With him on the brief were Paul J. Wilson and Robert M. Masters. Of counsel on the brief was David S. Godkin, Birnbaum & Godkin LLP, of Boston, Massachusetts.

Before RADER, BRYSON, and GAJARSA, Circuit Judges.

BRYSON, Circuit Judge.

For the second time, we are asked to review the district court's award of costs in this case. Because certain portions of the award were unsupported by evidence or were beyond the scope of statutorily allowed costs, we vacate certain portions of the award and direct that the award be reduced from $388,230.83 to $173,434.82.

I

After prevailing on the merits of the underlying patent infringement suit, Nidek submitted its bill...

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