> Here in the Nederlands, the loser of the lawsuit pays for the legal fees of the winner. In all cases I've seen first hand (in the Netherlands) the judge orde

> Here in the Nederlands, the loser of the lawsuit pays for the legal fees of the winner. In all cases I've seen first hand (in the Netherlands) the judge ordered all parties to pay their own costs. Loser pays is not a default because you almost never "win a 100%". You win for something like 70% (or maybe 90% if your lucky). So unless the case was really frivolous you will still have to pay for it yourself. I personally know 2 people who sued the Dutch state (a somewhat similarly Goliath) and won. Both still needed to pay their own legal fees and such. It is possible to start a new case to get your legal fees from the opposing side. However if you have just concluded 5 years of court against a Goliath-style adversary your probably not really motivated for "a second round". Also having to pay afterwards is no deterrent for a party like Apple who has unlimited money. You will have to pay lawyers and such up front for a case that can potentially drag on for years and years.