DOJ

As expected, on Wednesday the full details of the proposed settlement agreement in Apple’s ebook pricing litigation were filed with Judge Denise Cote. (Previously, the terms of the agreement had not been announced.) In a “pragmatic settlement,” the parties agreed to three possible outcomes, which could have Apple paying as much as $450 million. But no payments will be made any time soon, since it hinges on “resolution of Apple’s appeal,” which could be a long time away depending upon how far they are able to pursue it. If Apple ultimately loses their current appeal, they will pay $400 million in […]

Apple has agreed to settle with the plaintiff states and consumer class in an agreement filed under seal with Judge Denise Cote late Monday. The amount they will pay has not been disclosed yet, and the tendering of those payments is dependent upon the outcome of Apple’s appeal of the verdict against them — so it would be some time before any of those monies are dispersed. Those terms are likely to be revealed in a second filing, by mid-July. In a letter from Steve Berman of Hagens Berman, on behalf of the plaintiff parties, he writes that all sides […]

We’ve been doing a lot of talking to other members of the press the last couple of weeks (mostly on background) helping to explain some of the details of the legal issues around ebook pricing — and we’ve been reading a lot of articles, as usual. There are two important errors/misunderstandings, both in press accounts and even among some well-informed industry people, that keep getting repeated as if fact, so we wanted to clear that up for you. 1. One is the idea that “Hachette is up first” according to the court’s schedule for staggered renegotiations of e-book contracts with […]

After the Appeals Court denied Apple’s motion for a stay of the ebook damages trial, Judge Denise Cote requested that Apple and the plaintiff states come up with a new schedule that would allow consumers enough time to be notified of the pending litigation (and whether they wish to opt out). The plaintiffs had indicated previously that Apple’s temporary stay and Appeals Court hearing rendered the scheduled July 14 trial date unworkable, but this is the first time the court has indicated a possible new date. As of now, the damages trial will be convened on August 25 at the earliest. According […]

The WSJ reported Monday night  that “the Justice Department has gone back to the publishers asking about any recent pricing discussions they may have had with others in the industry, say people familiar with the situation.” The “inquiries” the paper refers to were “made in recent weeks by letter,” just as at least two publishers are in negotiations with Amazon. The Journal adds, “The significance of the Justice Department’s latest move isn’t clear. The inquiries don’t necessarily mean any legal action is imminent or even likely, a person familiar with the situation said.” But it sure sounds intimidating, doesn’t it? The […]

The Appeals Court panel of Judges Barrington D. Parker, Debra Ann Livingston, and Christopher F. Droney came to a quick decision after the hearing their chambers Thursday morning. Apple’s “motion for a stay pending appeal is denied because Appellant has failed to meet the requisite standard.” So the damages trial, currently scheduled for July 14 but potentially subject to at least minor postponement, will go forward.