Apple Demands $15 Million in Legal Fees From Samsung

Apple Demands $15 Million in Legal Fees From Samsung

Posted by · 5513 views · Translate
Apple is demanding that Samsung pay $15 million of the over $60 million in legal fees that the company incurred as part of its first California case against the company, reports FOSS Patents.

Presently the hurdle for recovery of legal fees in the U.S. is extraordinarily high: courts do sometimes award attorneys' fees, but only in "exceptional" cases. Shortly before midnight on Thursday, Apple made a filing in its first litigation with Samsung in the Northern District of California, arguing that Samsung's intentional infringement of Apple's intellectual property makes this litigation an exceptional case in which an award of attorneys' fees is warranted even though it's not the norm in the U.S. under current rules. Apple is seeking to recover from Samsung $15,736,992 ($15.7 million) out of more than $60 million spent in attorneys' fees on the first California case (which involved two trials: the original trial in August 2012 and a retrial in November 2013, resulting in a total damages award of more than $929 million).

The $15.7 million in legal fees is about 1/3 of Apple's fees from the start of the dispute until March 1, 2013. Apple isn't seeking recovery for the costs of the retrial and it only lists fees of timekeepers who billed more than $100,000. FOSS Patents also relays that "no fees from Apple’s successful defense against Samsung’s claims are included".

Apple argues that it should be able to recovery some attorney fees because infringement was found on 26 out of 28 accused products, "Samsung's willful, deliberate, and calculated copying of Apple's iPhone makes this an 'exceptional case'", Samsung has had a huge commercial benefit from its intentional infringemet, and "by seeking only one-third of its fees from timekeepers who billed more than $100,000, Apple ensures that it is not recovering fees for its unsuccessful claims concerning the unregistered combination iPhone trade dress or for tablet design."

Many more details in the full report linked below...

Read More


ratGT - December 9, 2013 at 9:42am
Just a thought... Has anybody noticed how furiously fandroids raid Apple websites and spam the heck out of them? Well, a recent study shows that 92% of them had only enough money to buy a pitiful droid device, like Galaxy Young. This gives them an extremely bad user experience and causes them an immense frustration. So, 83% of them take all that rage out on websites featuring products they'll never be able to afford, like iPhones, iPads, etc.
SadFuture - December 8, 2013 at 5:55pm
WHO CARES ABOUT HOW THEY CREATE OR DEVELOPED IDEAS ON ELECTRONIC, IM JUST HERE TO ENJOY THE BEST PRODUCTS ON THE MARQUET THAT FULFILL MY NEEDS, to me sounds like my kids fitting for a cookie when I can make more the next day, and better.
SadFuture - December 8, 2013 at 5:55pm
WHO CARES ABOUT HOW THEY CREATE OR DEVELOPED IDEAS ON ELECTRONIC, IM JUST HERE TO ENJOY THE BEST PRODUCTS ON THE MARQUET THAT FULFILL MY NEEDS, to me sounds like my kids fitting for a cookie when I can make more the next day, and better.
HappyFuture - December 8, 2013 at 7:45pm
Go here to find out what to enjoy- www.apple.com/iphone/reviews.
Judge Dredd - December 8, 2013 at 1:32am
The lawyers are the winner!
9 More Comments
Recent