1. Akshay Masand's Avatar


    Apple recently filed a motion in the US District Court seeking to recover nearly $16 million of its $60 million in attorney’s fees related to the company’s long-running patent infringement lawsuit against Samsung. The Cupertino California company arrived at the $15,736,992 sum, which represents just over one-quarter of Apple’s total outlay, by asking only for fees directly related to the company’s prosecution of Samsung’s “willful, deliberate and calculated copying of Apple’s iPhone.” No fees for defense against counterclaims by Samsung are included, nor are fees related to the November retrial in which a jury awarded Apple an additional $290 million in damages.

    As noted by Florian Mueller of FOSS Patents, requests for an award of attorneys’ fees are common but are rarely granted. Apple claims their request is warranted due to the “exceptional” nature of the case. The following is mentioned regarding the matter:

    Under any measure, this was an exceptional case. The evidence that Samsung deliberately copied every aspect of Apple's revolutionary iPhone product was overwhelming. Apple prevailed on one or more claims of trade dress dilution or patent infringement against 26 of 28 accused products. A jury found that Samsung willfully diluted Apple's protected trade dresses and willfully infringed five of the seven asserted patents. The original trial and partial damages retrial juries awarded Apple $930 million for Samsung's violation of Apple's IP rights. Apple also scored a complete victory in its defense of Samsung's claims.

    Given Samsung's blatant disregard of Apple's IP rights, Apple should not be forced to bear the full expense of prosecuting its claims.
    In support of its request, Apple reiterated the motion that Samsung’s infringement was found to be “a willful, deliberate, and calculated effort to gain market share by copying the iPhone.” This finding, by two juries, along with Samsung’s enormous financial benefit is enough to qualify the case as “exceptional” and for the court to grant the award as it is allowed to do in that circumstance, Apple argues.

    We’ll have to wait and see what comes of the whole ordeal as the ongoing legal issues between the two tech giants continue.

    Source: FOSS Patents

    Twitter: @AkshayMasand
    2013-12-07 04:10 PM
  2. Jahooba's Avatar
    This is why I hate lawyers. Nothing they do is worth what they frequently get paid.
    2013-12-07 06:01 PM
  3. stolenpentium's Avatar
    This is why I hate lawyers. Nothing they do is worth what they frequently get paid.
    +1
    2013-12-07 07:27 PM
  4. Scotty Manley Silberhorn's Avatar
    This is just me, but I think in these lawsuits, the loser should always have to pay all fees. I feel like more settlements will happen faster rather than some of these long 2 year legal battles.
    2013-12-08 04:44 AM
  5. kosher1's Avatar
    And how much are the lawyers making on this new lawsuit?? Lol
    2013-12-08 07:09 AM
  6. XweAponX's Avatar
    Too much
    2013-12-08 11:00 AM
  7. *T*'s Avatar
    This is why I hate lawyers. Nothing they do is worth what they frequently get paid.
    I hate people like you for hating on other people's success. You are envious and jealous and pathetic.
    2013-12-08 02:26 PM
  8. tridley68's Avatar
    This is just me, but I think in these lawsuits, the loser should always have to pay all fees. I feel like more settlements will happen faster rather than some of these long 2 year legal battles.
    +1
    2013-12-08 09:41 PM
  9. Perceptum's Avatar
    I hate people like you for hating on other people's success. You are envious and jealous and pathetic.
    And you're a lawyerfanboy. I would rather be pathetic, its a number of steps up.
    2013-12-09 03:59 AM
  10. Mrducati's Avatar
    I hate people like you for hating on other people's success. You are envious and jealous and pathetic.

    No hate, its a pretty universal feeling that lawyers are scumbags.


    As for the OP, apple throwing a hissy fit over scumbag fee's when they were just rewarded 930 mill.

    Laugh in a half
    Last edited by Mrducati; 2013-12-09 at 04:12 PM.
    2013-12-09 04:09 PM
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