Apple argues to Judge Denise Cote within the mandated five-page limit that the proposed ebook pricing settlement denies them due process, since they are going to trial on the charges–but the settlement “seeks to terminate and rewrite Apple’s bargained for contracts, before a single document has been introduced into evidence, before any witness has testified, and before the Court has resolved the disputed facts.” They add that: “The Court’s decision would be irreversible. Nullifying a non-settling defendant’s negotiated contract rights by another’s settlement is fundamentally unfair, unlawful, and unprecedented. The Government does not cite a single case in which such […]
