The bill for Apple’s longstanding patent infringement case with Samsung is going up, according to a report in FOSS Patents. To recoup its legal fees, Apple filed a motion in the Northern District Court of California asking Judge Lucy Koh to grant the company almost $16 million in legal fees.
Apple claims this case is unique as Samsung deliberately and clearly copied Apple’s iPhone. After winning the case and being awarded $930 million in damages, Apple argues that it shouldn’t have to bear the full expense of defending its products and is asking the court to force Samsung to chip in. Apple writes,
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.
Apple estimates that it will pay more than $60 million to Morrison & Foerster for outside counsel. Apple is only seeking compensation for one-third of its fees from timekeepers who billed more than $100,000. This figure ensures Apple is being compensated only for its patent wins and that ”no fees from Apple’s successful defense against Samsung’s claims are included”.
“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.”
If you want to dive deeper into the filing, you can read the full motion in this Scribd document.