As a nice addition to the multi-million dollar judgement Apple has already won against Samsung in their patent infringement wars, Apple would like to get the Korean firm to open it’s pocketbook just a little wider, and reimburse it for some of its legal costs, to the tune of $15.7 million.
TUAW:
In a motion filed on Thursday, Apple articulates why Samsung should fork over $15.7 million in attorneys’ fees. According to the filing, that figure amounts to about less than one-third of what Apple spent on legal fees from the outset of the case through March 1, 2013, the date marking “the last order on motions arising from the first trial.”
To shore up its position just a bit, Apple cited Section 1117(a) of the Lanham Act, which details remedies in cases where willful trade dress dilution is present, and allows for an award of reasonable attorney’s fees in “exceptional cases.”
Apple says previous court rulings have defined the term “exceptional” to mean those cases where “fraudulent, deliberate or willful” conduct has been found.
Apple’s motion then follows up by calling Samsung’s copying, say it with me, “willful, deliberate and calculated.”
“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.”
The motion then references the 138-page report by Samsung that detailed the features of Apple’s iPhone, and then listed the ways they could be used in Samsung products. (DOH!)
Apple summed up by saying Samsung blatantly copied a number of iPhone features, without any regard for Apple’s intellectual property.
Apple’s final point was made by saying Samsung should consider itself lucky that it is only being asked to pay the extra $15.7 million, which Apple says is a “conservative” amount.
