Apple Files Expected Appeal of E-Book Injunction bit.ly/17Ch7MM Throughout its long e-book battle with the Department of Justice, Apple vowed to appeal any injunction brought against it. Today it did just that, filing a notice with the Second Circuit Court of Appeals in New York announcing its intent to appeal a July ruling by U.S. District Judge Denise Cote that found it had conspired with the major book publishers to raise e-book pricing, along with the sanctions that followed in a September 6 injunction. “Apple also hereby appeals from any and all orders and rulings that were adverse to it,” the company said in its notice. Apple declined comment on the filing and the tack it will take as it ramps up for appeal, but if you’ve paid any attention to the case at all, you have a good idea of the argument the company will mount: The DOJ not only failed to meet its burden of proof, but overreached by seeking to prosecute Apple for legitimate business practices. As lead counsel Orin Snyder said in his closing arguments, “Apple did not conspire with a single publisher to fix prices in the e-book industry. All of the government’s evidence is ambiguous at best … its case is built on word games and inferences.” But can Apple convince an appeals court of that? As I reported earlier this year, legal scholars think it will have a tough time. Said Philip Weiser, dean of the University of Colorado law school and a former DOJ official: “This is a decisive defeat for Apple’s theory of the case. It will have a significant hurdle on appeal given the judge’s careful findings.” PREVIOUSLY: Apple’s E-Book Punishment Court Order is Final, and Not as Bad as Apple Feared The Incredible Shrinking Apple E-Book Remedy Apple Says DOJ’s E-Book Remedies Are Biased in Amazon’s Favor DOJ Softens Proposed Apple Ebook Injunctions, Slightly Apple Slams Feds’ Proposed E-Book Remedies as a “Draconian and Punitive Intrusion” Apple’s Chances for an E-Book Ruling Appeal Are Lousy, Say Legal Scholars Apple E-Books Ruling Won’t Do Much For Consumers Apple Loses E-Book Antitrust Trial Here’s Apple’s Closing Slide Deck in E-Book Case, and the DOJ’s, Too Apple: It’s Time to Close the Book on DOJ’s E-Book Case Steve Jobs, Winnie the Pooh and the iBook Launch The Apple iBooks Origin Story Apple’s Cue Says Publishers Pushed for Higher E-Book Prices DOJ Misfires on Jobs Email in Apple E-Book Case — It Was a Discarded Draft Is Steve Jobs Message a Smoking Gun in Apple E-Book Case? Amazon Demanded Same Terms From Publishers For Which Apple is Now On Trial Apple Says Differences in Publisher Deals Belie E-Book Conspiracy Charges Apple Accuses DOJ of Unfairly Twisting Steve Jobs’s Words Apple Says DOJ Is Trying to “Reverse Engineer a Conspiracy” in E-Books Case Here’s the DOJ’s E-Book-Pricing Case Against Apple (Slide Deck) Apple CEO Tim Cook: “The E-Book Case to Me Is Bizarre” Judge in E-Book Pricing Case Thinks Apple’s Going Down; Apple Begs to Differ Here’s That Steve Jobs E-Book Email to James Murdoch Apple’s E-Book Argument: Deals With Publishers Improved Competition DOJ Filing Calls Apple “Ringmaster” of E-Book Pricing Rise Apple Alone Fighting DOJ E-Book Suit After Macmillan Settlement Apple’s Cook Must Testify in E-Book Antitrust Suit
Posted on: Fri, 04 Oct 2013 19:34:16 +0000
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