It may be deja vu time for Fortnite maker Epic Games. In the year 2021, Epic Games lost its lawsuit against Apple that alleged the company’s unfair monopoly over the App Store. The iPhone maker won nine out of 10 counts. At that time, the court ordered Epic Games to pay damages for violating the company’s developer agreement with Apple. It now seems that the video game company has much more to pay.
In a filing, Apple has asked the court to award it $73,404,326 in relief to cover its out-of-pocket expenses, lawyer fees, and other costs arising from Epic’s lawsuit.The amount is after an ‘extremely generous’ 10% discount by Apple on its total legal bill of $81,560,362.
Out-of-pocket expenses are incurred by companies as a result of a contract or tort disputes.
Why the 10% discount
Apple said since Epic Games won on one count of 10, it is giving the Fortnite maker this 10% discount.
“Although it would be reasonable for Apple to seek the total amount of its Losses in this matter, it has provided a 10% discount in recognition of Epic’s win on one out of ten of its claims. This 10% overall reduction is extremely generous, given the undisputed fact that the UCL claim did not constitute nearly 10% of the litigation, as this Court recognized,” Apple said in the filing.
It must be noted that California law requires Apple to be fully compensated for those reasonable expenses, the filing read.
‘Epic has no basis to contest’
Apple also highlighted that Epic neither has any basis to contest the scope or the total amount of Losses – after it willfully breached its contract with a clear and broad indemnification provision – nor the company grounds to dispute reasonableness at this stage.
“And certainly Epic could not do so without presenting evidence of the amounts that it chose to spend on the litigation. Apple reasonably defended against Epic’s long planned, expensive, and multifaceted attack against Apple’s business model,” the filing said.
Apple also highlighted that to retain sophisticated law firms, world-class experts and vendors to match those hired by Epic to represent the company in the case, it negotiated, monitored, and ultimately paid its bills as they became due.
In a filing, Apple has asked the court to award it $73,404,326 in relief to cover its out-of-pocket expenses, lawyer fees, and other costs arising from Epic’s lawsuit.The amount is after an ‘extremely generous’ 10% discount by Apple on its total legal bill of $81,560,362.
Out-of-pocket expenses are incurred by companies as a result of a contract or tort disputes.
Why the 10% discount
Apple said since Epic Games won on one count of 10, it is giving the Fortnite maker this 10% discount.
“Although it would be reasonable for Apple to seek the total amount of its Losses in this matter, it has provided a 10% discount in recognition of Epic’s win on one out of ten of its claims. This 10% overall reduction is extremely generous, given the undisputed fact that the UCL claim did not constitute nearly 10% of the litigation, as this Court recognized,” Apple said in the filing.
It must be noted that California law requires Apple to be fully compensated for those reasonable expenses, the filing read.
‘Epic has no basis to contest’
Apple also highlighted that Epic neither has any basis to contest the scope or the total amount of Losses – after it willfully breached its contract with a clear and broad indemnification provision – nor the company grounds to dispute reasonableness at this stage.
“And certainly Epic could not do so without presenting evidence of the amounts that it chose to spend on the litigation. Apple reasonably defended against Epic’s long planned, expensive, and multifaceted attack against Apple’s business model,” the filing said.
Apple also highlighted that to retain sophisticated law firms, world-class experts and vendors to match those hired by Epic to represent the company in the case, it negotiated, monitored, and ultimately paid its bills as they became due.