SAN JOSE — A U.S. Supreme Court patent decision that had nothing to do with trade dress may have everything to do with whether Apple collects attorney fees from Samsung in the litigation over smartphone design.
Apple Inc. wants to recoup $16 million in attorney fees it incurred in the litigation that resulted in a $1 billion jury verdict before U.S. District Judge Lucy Koh of the Northern District of California in 2012. Apple moved for fees under the Lanham Act, based on jury findings of trade dress dilution, rather than under the Patent Act, where the standard for recovering fees has been higher.
