Dileep Srihari from WilmerHale called Chris today and asked if we wanted WilmerHale to prepare a bill of costs against the United States. This is provided for by Rule 39, Federal Rules of Appellate Procedure. We are not exactly entitled, but are likely to be awarded costs of copying the Joint Appendix, because we substantially prevailed in the case, and got the remand.

Dileep thinks that we have a very good shot at being awarded costs of copying, which ran well over $7K, because we got the remand from the Court. Dileep asked Jon Frankel if we should be entitled to an award even though the decision was split on the issues remanded. Jon thinks that we should be able to get a Bill of Costs granted and Chris does as well.

Dave and I have given Chris approval to have WilmerHale prepare one.

73 Joel W5ZN