Apple spent $60 million on Samsung suit, attempts to recoup $15.7 million
Apple on Friday filed a motion in U.S. District Court seeking to recover nearly $16 million of its $60 million in attorneys' fees related to the company's long-running patent infringement lawsuit against Samsung.
The iPhone maker 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 November's retrial in which a jury awarded Apple an additional $290 million in damages.
As noted by legal analyst 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:
Providing a glimpse into the financial distribution of a case of this magnitude, a bill of costs filed alongside the motion indicates that nearly half of the $15.7 million request is earmarked for expenses, rather than billable hours from attorneys at Morrison & Foerster LLP, the firm retained by Apple for the suit.
Among the $6,256,435.10 in expense charges:
The iPhone maker 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 November's retrial in which a jury awarded Apple an additional $290 million in damages.
As noted by legal analyst 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:
In support of its request, Apple reiterates in 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, the Cupertino, Calif.-based company argues.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.
Providing a glimpse into the financial distribution of a case of this magnitude, a bill of costs filed alongside the motion indicates that nearly half of the $15.7 million request is earmarked for expenses, rather than billable hours from attorneys at Morrison & Foerster LLP, the firm retained by Apple for the suit.
Among the $6,256,435.10 in expense charges:
- $811,196.59 for printed or electronically recorded transcripts
- $5,147,841.01 for exemplification and the costs of making copies
- $297,397.50 for compensation of interpreters and costs of special interpretation services
Comments
My late CEO father used to say, "If you need an attorney, you're already screwed!"
Legal fees don't amount to billions, unless it's an award, and that isn't a fee.
Lawyers are the ones getting the pure profit at the end, doesn't matter the outcome.
heck, the country is run by bunch of lawyers anyway.
My late CEO father used to say, "If you need an attorney, you're already screwed!"
I say " If you need an attorney and you do not get it, you get ROYALLY screwed big time!"
Can't help but chuckle at the folks who claimed Apple is spending BILLIONS on suits against Samsung and others, and that they should focus on "innovation" and associated buzzwords.
Legal fees don't amount to billions, unless it's an award, and that isn't a fee.
But...but... all these armchair attorneys that troll AI watched all the best "Law and Order" TV shows! They are fully qualified to comment on this!! /s
But...but... all these armchair attorneys that troll AI watched all the best "Law and Order" TV shows! They are fully qualified to comment on this!! /s
You'll also find yourself having to explain to these folks WHY, for the umpteenth time, Apple's legal claims are necessary in order to maintain the integrity of their product.
1) It isn't comparatively expensive for Apple to do so, and . . .
2) It has nothing to do with *what else* Apple spends money on. Research and development of Apple gear continues at Apple, regardless whom they engage in litigation.
In fact, Apple have been quite litigious (thankfully) throughout most of their history. It didn't start with Samsung or Psystar.
Did you miss the part where these kinds of requests are rarely granted? Apple is attempting to increase the odds of getting ANYTHING!
Meh.
Thermonuclear war is never cheap.
The only thing that Apple cares about is that it cost Samsung more.
But aren't legal fees built into amount awarded? I doubt Apple is paying them $60 million plus the full percentage of the award.
When you take a step back and look at the whole picture it's been worth the price for Samsung. They’re the only other manufacturer making money and lots of it.
Indeed, and this way they just might have a chance.
-1
No, they are not.
Can't help but chuckle at the folks who claimed Apple is spending BILLIONS on suits against Samsung and others, and that they should focus on "innovation" and associated buzzwords.
Legal fees don't amount to billions, unless it's an award, and that isn't a fee.
I'm actually surprised it's that high.
But aren't legal fees built into amount awarded? I doubt Apple is paying them $60 million plus the full percentage of the award.
That's not necessarily how it works. I suspect they're just paying billable hours.