(Jason Doiy / The Recorder)
“No firm has been targeted by PAEs more than Apple,” the company wrote. “Apple has litigated against PAEs 92 times in the past three years alone, and received many more demands.”
According to technology news site Ars Technica, Apple’s recent filings, at the FTC and in Supreme Court amicus briefs, are “unusual in the amount of detail they offer about the particulars of its patent battles. The statistical information it revealed comes from internal Apple legal information as well as a study that Apple commissioned conducted by PatentFreedom, a defense-oriented patent consultancy.”
In its amicus brief submitted in the upcoming Supreme Court case Highmark v. Allcare Management Systems, Apple reveals how many cases it actually settled. “Of the 92 cases filed recently, 57 are closed cases; in 51 of those cases, Apple paid the troll,” the brief states.
In it, Apple argues for more liberal fee-shifting in patent cases as a way to discourage frivolous litigation. Rather than requiring a case be both objectively baseless and brought in bad faith to award attorney fees to the prevailing party, Apple argues the standard should take into account “the business models and motivations of the parties,” among other factors.
Apple’s brief, signed by Orrick, Herrington & Sutcliffe partner Mark Davies, names Acacia Research, ArrivalStar and Guardian Media Technologies as the kinds of patent assertion entity “profiteers” that should get close scrutiny.
Ars Technica points out that the three-year time frame makes Apple the top target, but over the past five years, Google had 192 troll lawsuits while Apple had 191 suits and Samsung had 151.