Further to our Thursday morning story on Apple’s brief asking the Supreme Court for an extra month to file an appeal of the antitrust verdict against them in the ebook pricing case, we have reviewed the full filing and can update you with further details. As a government web site explains, “The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value.” Consistent with that standard, while asking for an extension — […]
DOJ
Apple Plans Supreme Court Appeal, Requests More Time to File
With a Friday deadline looming (as we described on Monday), attorneys for Apple have asked the US Supreme Court to extend the time in which they can file a petition for a writ of certiorari — the mechanism by which they ask the high court to hear an appeal of the verdict finding them guilty of antitrust violations in launching the iBooks Store. They have asked for the one month delay that is allowed for, moving the filing deadline from September 28 to October 28. As we noted in the earlier report, the request goes to Justice Ruth Bader Ginsburg, who oversees such […]
Author Solutions Case Closes with Indiana Settlement
Three weeks after settling a long-running lawsuit in the state of New York over fraud, violation of consumer protection acts, and unjust enrichment, Author Solutions has now settled similar outstanding legal actions in Indiana, effectively bringing the entire case to a close. Judge Denise Cote had denied class certification to the plaintiffs in the New York case, but the plaintiffs were still hoping to obtain class certification in Indiana (where ASI is based). ASI issued a statement Tuesday saying the New York and Indiana suits were resolved “without any finding or admission of wrongdoing on the part of Author Solutions or its affiliates. […]
Save the Date: Apple Has Until September 28 to Seek Supreme Court Appeal
When the Second Circuit Court of Appeals upheld Apple’s guilty verdict in the ebook antitrust case in a 2-1 decision on June 30, that set in motion a 90-day “countdown clock” to file a cert. petition for consideration by the Supreme Court (formally called a petition for a writ of certiorari). That means Apple’s deadline to file is September 28, confirmed to us by multiple interested parties. The company can also ask for an extension of the time to file up until 10 days prior to the deadline (with the request to be fielded by the Justice with responsibility for the Second Circuit, […]
Amazon Customers Receive A Little Extra In eBook Settlement Credits
Although the original ebook settlement credits funded by the five settling publishers expired this spring, on Thursday many Amazon customers were notified of new, additional small credits issued to their accounts in connection with those same settlements. As the notices indicate, “This credit is in addition to the credit that you received from these settlements in March 2014.” Like the earlier credits, the new ones are provided on a use-it-or-lose-it basis, and any unused credits will expire in about a year, on July 31, 2016. These new credits come from a revision of the methodology that determined how much compensation […]
Appeals Court Upholds Verdict Against Apple, with Notable Dissent
The Second Circuit Court of Appeals ruled on Apple’s appeal of the verdict finding them guilty of antitrust violations in launching the iBookstore, upholding District Court Judge Denise Cote’s initial finding. Judge Debra Ann Livingston writes the majority opinion in the 2-1 ruling: “We conclude that the district court’s decision that Apple orchestrated a horizontal conspiracy among the Publisher Defendants to raise ebook prices is amply supported and well‐reasoned, and that the agreement unreasonably restrained trade in violation of § 1 of the Sherman Act.” As expected by court observers, Judge Dennis Jacobs files a dissenting opinion. While agreeing with Judge Cote’s findings […]