The Apple e-book case proceeds apace. The class plaintiffs filed a brief asking for summary judgment of damages and putting forward their estimate of the final damage to consumers as being between $231 and $280 million—18.1% of the revenue taken in from e-books during the period in question. With the treble damages, that means Apple could be on the hook for as much as $840 million altogether.

Apple has, of course, objected to the estimate, and seeks to bar the testimony of Stanford economist Roger Noll who came up with it. Though, as plaintiffs’ lawyer Steve Berman pointed out, Apple’s witnesses’ own estimate was 14.9% of e-book sales, so it’s really not that much of a difference all in all.

Next, Apple will have its chance to reply, in 30-page-or-less briefs due February 21, and then reply briefs of 15 pages or less are due by March 7th. Unless Judge Cote issues a summary judgment, which doesn’t seem terribly likely to me given the complicated nature of the issues involved, the case remains on track for a damages trial in May.

Still no word yet on the status of the appeals court review of the antitrust monitor, but the appeals court is set to hear arguments tomorrow over whether to keep a temporary stay in place pending the full appeal so we should hear something before too much longer.


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