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.
Legal
Appeals Court Shows Sympathy for Both Sides In Hearing on Apple’s Stay
The 2nd Circuit Court of Appeals heard arguments Thursday morning on Apple’s motion to stay Judge Cote’s injunction — and in turn, delay the start of the damages trial, currently set for July 14. While the three judges did not issue any ruling from the bench, the immediate sense from their questioning was that one jurist will be in favor of granting the stay, another will vote to deny, and the third seemed undecided, at least outwardly. Apple’s lawyer urged the appeals court to grant the stay as the case is a “classic rule 23 review,” while also noting it’s […]
DOJ, States Rebuff Apple Appeal By Presenting Their Case Again
The Department of Justice and plaintiff states filed a joint reply brief to Apple’s appeal in the ongoing ebook price fixing case Tuesday afternoon. Much of the 117-page document presents the government’s case against Apple all over again, though there are some new bits of information, Most notably it reveals that on Thursday, May 29, when the BEA trade show floor opens, the Appeals Court will hear oral arguments on Apple’s request for an emergency stay of the damages trial. A postponement of the July 14 trial was already a foregone conclusion once the temporary stay was granted, but that hearing may […]
Harper Requests Over $1.1 Million in Damages From Open Road and Permanent Injunction In JULIE OF THE WOLVES Case
Late Friday, as scheduled, HarperCollins filed its first brief outlining the relief and damages it wants from Open Road Integrated Media for publishing the digital edition of Jean Craighead George’s JULIE OF THE WOLVES, following Judge Naomi Reece Buchwald’s grant of summary judgment in Harper’s favor in March. Harper seeks the maximum statutory damages “of no less than $30,000 for Open Road’s blatant infringement,” attorneys’ fees and costs totaling almost $1.1 million, a permanent injunction barring Open Road’s publication, and “such other and further relief as this Court may deem just and proper.” Harper says in its filing that Open Road’s infringement has continued following Judge Buchwald’s […]
The Washington Post On Their Owner, and VF On Judge Cote
After being needled for not mentioning the dispute over contract terms between Amazon and Hachette Book Group that has resulted in alterations in how the etailer displays and ships HBG titles, the Washington Post has posted something…equivocal. The paper’s column finds it “understandable” that authors “are irate over the unequal treatment.” On the one hand, Amazon “is by no means unique in employing this tactic.” But “in some ways, Amazon’s decision to choke off Hachette is similar” to the net neutrality showdown, they suggest. “As Amazon gains more and more market share, its power to do so will only increase.” While […]
Appeals Court Revives One Part of Authors’ Suit Against Harlequin
The Second Circuit Court of Appeals reversed one part of Judge Harold Baer’s ruling from a year ago dismissing a class-action lawsuit brought by authors against Harlequin alleging that the publisher deprived them of ebook royalties. As a result, the suit will resume in its limited form, and is sent back to the District Court “for further proceedings.” The single claim that was restored (from the four claims initially made by the authors) by the Appeals Court is the contention that the licensing fees for ebook rights paid by Harlequin Enterprises to the party of record, Harlequin Switzerland, were not […]