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Posts tagged Denise Cote

States rights to damages bode ill for Apple
April 16, 2014 | 6:25 pm

AppleLegal developments around the Apple ebook price fixing debacle are not exactly going Cupertino's way. Most recently, U.S. District Judge Denise Cote, to no one's great surprise, returned a negative response to Apple's motion to dismiss the damage claims brought by 33 states of the Union in their previous parallel case alongside the U.S. Justice Department. According to Reuters, the damage claims from U.S. states could amount to some $840 million. "Apple now moves to dismiss the antitrust action filed by the States. Apple contends that the States lack standing to assert their claims against Apple or, at the very least,...

The Apple e-book decision reaction roundup: Schadenfreude a go-go!
July 12, 2013 | 4:55 am

It’s been pretty fun, not to mention instructive, to read the various reactions to the e-book verdict over the last day or so. Sometimes it feels like I’ve wandered into a production of Rashomon. For example, AllThingsD summarizes the thoughts of anti-trust lawyers it asked for comment: Apple argued that the facts show no conspiracy in restraint of trade. But Cote found that the company’s actions were a per se violation of antitrust law. In other words, they were inherently illegal, so there was no need to prove that they had any anticompetitive effect on the...

Judge Cote: Apple Did Conspire to Raise E-Book Prices
July 10, 2013 | 12:51 pm

AppleJudge Denise Cote has ruled on the Apple e-book case. And the verdict? "The plaintiffs have shown that the publisher defendants conspired with each other to eliminate retail price competition in order to raise e-book prices, and that Apple played a central role in facilitating and executing that conspiracy," Cote said. "Without Apple's orchestration of this conspiracy, it would not have succeeded as it did in the spring of 2010," she added. [caption id="attachment_90285" align="alignright" width="125"] Judge Denise Cote[/caption] So Apple lost their case, which does raise the question of why they decided to fight it. When all the publishers settled, it would be...

Penguin wants Author Solutions lawsuit dismissed
June 25, 2013 | 11:55 am

Author Solutions, Penguin’s self-publishing imprint, has been a bit controversial for a while. Last year an anonymous poster claiming to be an AS employee had some pretty damning things to say about the company’s business practices. Last July, Penguin bought the self-publishing firm, shocking some industry onlookers: What does Author Solutions bring to the table? Well, for starters, around $100m in annual revenue. Roughly two-thirds of that money comes from the sale of services to writers, and only one-third from the royalties generated by the sale of their books. Pause for a moment...

Weekend Roundup: Is the e-book judge starting to see things Apple’s way?
June 8, 2013 | 11:04 am

Weekend RoundupApple shows spine in e-book trial (New York Post) Apple, as expected, came out swinging against the Justice Department in the first week of its e-book price-fixing trial — and may have even scored some points with the judge. --- Is the e-book judge starting to see things Apple's way? (Fortune) A subtle but potentially important shift took place Thursday in the Manhattan federal courthouse where U.S. District Judge Denise Cote just wrapped up the first week of the three-week civil antitrust case known as U.S.A. v. Apple. --- Apple takes smart but much-needed gamble in e-book spat (Reuters) Apple is taking a smart but necessary gamble in...

Antitrust experts say publishing is not a special case
October 31, 2012 | 10:30 am

Do publishers deserve special treatment from anti-trust courts? Paid Content reports on antitrust experts who said no at a New York book event this week: “There’s never been a defendant sued for antitrust who didn’t think their market was special,” said Chris Sagers of Cleveland State University, adding that “agency pricing”  (a commission-style pricing system used by the publishers to check Amazon) is just another word for price-fixing. This is basically in line with the arguments the Department of Justice made in its response to public comments, and its arguments in the hearings concerning whether the proposed settlement should go through; Judge Denise...

RoyaltyShare founder Bob Kohn appeals denial of his right to appeal DoJ agency pricing settlement
October 12, 2012 | 9:52 pm

Bob KohnI’m a little late, but I wanted to bring up just one story that popped up between the times I was at The Digital Reader and here. I’ve been following the saga of RoyaltyShare founder Bob Kohn at length with some interest and more than a little amusement. (That's Kohn in the photo to the right.)  Though he doesn’t necessary have a direct stake in the case’s outcome, Kohn has nonetheless been filing verbose comments, legal motions, and even a comic book (as a legal motion) in an attempt to head off the Department of Justice’s proposed agency pricing settlement....

Steve Jobs biographer does not have to turn over unpublished material to agency pricing class-action plaintiffs
July 30, 2012 | 7:25 pm

If you’re interested in any new tidbit of information about the legal matters surrounding the publishers’ and Apple’s implementation of agency pricing, here’s an interesting one for you. Publishers Weekly reports that Denise Cote, the judge in the class-action suit against Apple and the publishers, has ruled that Walter Isaacson, the the author of the Steve Jobs biography, does not have to divulge unpublished notes and interview materials to the law firm serving as the plaintiffs in the case. The law firm wanted to see the notes to pick them over for anything that would lend support to the...

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