Holding that any trial exhibit "is potentially compensable as exemplification" as long as "the means of presentation furthers [its] illustrative purpose"
In Gavoni v. Dobbs House, Inc., 164 F.3d 1071 (7th Cir. 1999), the Seventh Circuit affirmed the denial of the defendant's motion for costs under Rule 68. The defendant had made an unapportioned offer of $10,000 to three plaintiffs and the jury ultimately awarded the plaintiffs a total of $6,500.
Holding that "[i]n view of the mixed outcome of this litigation, the district court was well within its discretion in concluding that plaintiffs were not prevailing parties within the meaning of 505."
In Granville v. Suckafree Records, Inc., 2006 WL 2520909 (S.D. Tex. June 28, 2006), the plaintiff was successful on only one of several copyright infringement claims.
Holding that defendant was entitled to attorney's fees in copyright action, where defendant prevailed on seven of nine infringement counts despite being found to have infringed the remaining two copyrights