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Apple has failed in its attempt to have Samsung cover the bill for its attorneys during the pair’s 2012 patent infringement trial. Lucy Koh, the same judge who awarded Apple $1 billion in damages during the legal tussle, said the US company did not have a strong enough case.

In order to have lawyers’ fees paid, Apple had to prove that Samsung’s breach of the iPhone design was ‘exceptional’.

Apple vs Samsung (logos generic)

Samsung argued that the design was utilitarian, with Koh agreeing that this was reasonable, despite Samsung previously found to have breached design patents.

The decision comes after Apple said it would not be seeking a sales ban of Samsung products discussed during the trial two years ago, largely because most are now unavailable and have been superseded by newer kit.

Apple was awarded further damages during a second trial earlier this year, although the $120 million figure was far below expectations. Jurors at the time said the case was not helping either company with consumers.

Apple and Samsung recently agreed a halt to all patent cases outside of the United States.

In a joint statement, both said that a licensing agreement had not been reached, suggesting there is still some way to go before the pair make peace and move on.



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