SAN FRANCISCO — Apple won’t get to cap off the first round of its patent battle with Samsung with an award of attorney fees if the South Korean company has anything to say about it.
In papers filed Thursday evening, Samsung slammed Apple’s request for $15.7 million to cover a portion of its bill to Morrison & Foerster. With the case headed for an appeal, Samsung’s lawyers at Quinn Emanuel Urquhart & Sullivan insisted that it is too soon for U.S. District Judge Lucy Koh to dole out attorney fees. Moreover, Quinn argued, Apple’s claims fall far short of the standard set by the Lanham Act, which allows companies that prevail on trademark and trade dress claims to recoup attorney fees in “exceptional cases.”
