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Apple Asking for $16M in Legal Fees After Samsung Patent Victory, Has Paid Lawyers More Than $60M

Following the second victory in its long-running patent lawsuit with Samsung, Apple has filed a motion asking the judge to order Samsung to pay nearly $16 million in legal fees (via Dan Levine).

Apple says that its lawsuit with Samsung is "an exceptional case" and that there was overwhelming evidence that "Samsung deliberately copied every aspect of Apple's revolutionary iPhone product". After juries awarded Apple $930 million in damages, the company argues that it "should not be forced to bear the full expense of prosecuting its claims".

In its filing, Apple says it expects to pay more than $60 million to Morrison & Foerster, its outside counsel, over the course of the case through the end of the retrial. However, that $60 million calculation, and Apple's motion request, are calculated only for "timekeepers who billed more than $100,000 for work on Apple's claims against Samsung". Further, Apple is only requesting reimbursement for one-third of its calculated billings, or $16 million.

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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. First, the only differences between the unregistered iPhone 3G trade dress on which Apple did prevail and the combination iPhone trade dress is that the latter lacks two of the iPhone 3G trade dress elements (a metallic bezel around the flat clear surface and a row of small dots on the display screen) and also covers “neutral (black or white) borders” rather than the black borders covered by the 3G trade dress. Thus, the same work would have been required to address the iPhone 3G trade dress even if the combination trade dress had not been at issue. The only possible additional work required by having the combination trade dress in the case was whatever might have been required to address "neutral (black or white) borders" in addition to "black borders." Apple’s request for only one-third of fees from timekeepers who billed more than $100,000 ensures that any such minimal fees are not included in its request.
A rumor from the beginning of 2012 suggested that Apple had spent in excess of $100 million in legal fees in its first set of claims against HTC. With Apple holding nearly $150 billion in cash, and with so much at stake, even these incredibly large billings are unlikely to slow the flurry of international patent lawsuits.

Separately, the U.S. Supreme Court has agreed to hear the appeal of a lawsuit to determine what kinds of software are eligible for patent protection. Oral arguments in the case, Alice Corporation v. CLS Bank should be heard in March with a ruling expected by the end of June.

Top Rated Comments

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9 months ago
There is no greater cause than paying exorbitant amounts of money to uphold our lord and savior: Capitalism.


Sad how much money is wasted in crap like this that could go to better causes. You would think people would get that.

*sigh*. :(

Rating: 12 Votes
9 months ago
Samsung should have to pay the full amount!
Rating: 9 Votes
9 months ago

I can see why lawyers are such rich bas***ds!


Losers have this exact mindset of being jealous on others success :p

No one is stopping you from being a rich bast... (I mean lawyer) :D
Rating: 9 Votes
9 months ago

I can see why lawyers are such rich bas***ds!


It's probably more the partners in the contracted law firm than the individual lawyers, my point being that they're not all rich.
Rating: 6 Votes
9 months ago
Seriously? You already won, no need to spit in their face.

They will probably spend more than 16 million in attorney fees just trying to get this money.

Show some class, Apple.
Rating: 6 Votes
9 months ago

Microsoft built the world's largest software company largely on the back of copying Apple. Of course they're not doing well now, but where would Apple have been now had that not occurred?


Which alternate reality are you speaking of and how do I get there?
Rating: 6 Votes
9 months ago
Enough already, you've proved your point Apple. Let the courts be.
Rating: 5 Votes
9 months ago
Anyone else find it funny Morrison & Foerster's website is mofo.com?
Rating: 5 Votes
9 months ago

Samsung should have to pay the full amount!


No - as mentioned in the article there were several parts of the law suit that Apple lost .....

Samsung has to pay up, but only for the parts where they lost (same goes the other way round)
Rating: 4 Votes
9 months ago

Please tell us when and where exactly Apple stole anything from Xerox. I'd say you are trying to significantly rewrite history here. Apple paid for everything they got from Xerox, and they paid exactly what they agreed with Xerox in the first place.


Not according to Xerox.

"Xerox contends that the Lisa and Macintosh software stems from work originally done by Xerox scientists and that it was used by Apple without permission."

"Xerox contends that Apple ''intentionally and purposefully concealed'' the derivation of the Lisa and Macintosh software from Xerox software. It said that Apple's copyrights on Lisa and Macintosh software were invalid and that the company had unjustly received benefits that rightfully belong to Xerox."

- New York Times on Xerox vs Apple lawsuit, 1989 (http://www.nytimes.com/1989/12/15/business/company-news-xerox-sues-apple-computer-over-macintosh-copyright.html)

Rating: 3 Votes

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