Tuesday, April 29, 2014

Small Legal Victory for Apple’s Antitrust Battle

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Apple’s attorneys have managed to pull off a minor legal victory in what has become almost laughably a war against Apple. On the grounds that Judge Denise Cote’s decision to move forward with the classification and damages phases of the trial on going case, Apple managed to win a stay by the three-judge panel of the Second Circuit court, at least for now.

Essentially, the grounds for Apple’s motion stems from its pending appeals. If it should win the appeal on its damages amount or on the class certification of the suit–two decisions handed down by Cote that Apple is fighting–then this current decision would cause expensive attorneys’ fees to accumulate for nothing, as well as cause severe and irreversible damage to Apple’s reputation, again only to have them emerge victorious.

For now, the Second Circuit panel has granted the stay, meaning that Apple can temporarily hold off on following through with some of the decisions that Cote ordered last year. This recent motion for a stay follows another stay that took place in January, but the three-judge panel in that instance ended up siding with Cote over Apple’s refusal to cooperate with its court-appointed external monitor.

All of these proceedings are leading to the damages phase of the trail. Should things go as legal experts and industry watchers have speculated, Apple could be responsible for more than $800 million in damages for its role in a price fixing scandal involving five of the then-Big Six publishers.

Small Legal Victory for Apple’s Antitrust Battle is a post from: Good e-Reader

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