A jury recently awarded Apple just shy of $120 million in its latest patent infringement lawsuit against Samsung. In the first lawsuit, Apple was awarded $1.1 billion. But as Jay Yarow of the Business Insider implies in his article, Samsung’s Lawyer Absolutely Crushes Apple, perhaps Apple should be looking at the “bigger picture.”
Specifically, Mr. Yarow is talking about the fact that although Apple has received two monetary awards, it has not recovered any of that money because the cases are being appealed. And, Mr. Yarow ponders whether Apple looks bad being the aggressor. John Quinn, Samsung’s attorney posits that Apple has “nothing to show for the hundreds of millions of dollars they’ve spent,” speaking, we presume, about the legal fees, expert fees, litigation fees, and court costs.
Legal consumers should learn from the Apple litigation. Just because one wins a monetary award from a judge or jury doesn’t mean it is collectible. The other party may appeal, resulting in a new trial or reduced award, or the other party may be “judgement proof,” meaning they have insufficient or nonexistent assets to pay the judgment. And, as we have said many times before in this blog, litigation is expensive, time-consuming and emotionally draining. While Apple may be engaging in litigation on principle, legal consumers should weigh the money, time and effort litigation requires versus the probability of little or no monetary return.
You’ve got options. The Center for Legal Practice Reform can help you navigate the attorney/client relationship and level the playing field. Call LPR today for a free consultation – (301) 351-7970.