A judge orders Apple to let her friend investigate every aspect of the company and then pay him for it. When another court looks askance at that arrangement and suspends it, the judge defends her original decision by using the "if you've done nothing wrong, you've nothing to hide" logic. Really? Meanwhile, Samsung only wants to settle out of court if they do not have to promise to stop copying Apple. True story, though you might not believe it. Read on.
Last July, Apple lost an antitrust lawsuit brought by the Department of Justice. The lawsuit, initiated by Amazon, was a little odd from the beginning, what with the presiding judge announcing before the trial that she fully expected Apple to lose. Everything seemed to happen exactly the way Amazon needed it to happen; U.S. District Judge Denise Cote ruled against Apple, and included some very harsh sentencing that should help Amazon regain much of its lost eBook monopoly. But Apple is not giving up that easily.
After losing the bizarre eBook trial with the United States Department of Justice in July, Apple awaited whatever sanctions the court was deliberating on handing out. On Friday, the DOJ proposed its settlement with Apple based on its ruling the company was indeed guilty of conspiring to fix eBook prices.
Apple lost the Ebook trial, and we were surprised. We thought the government's case was crumbling. We thought the winds had shifted to Apple's favor. We thought that once the truth of the Department of Justice's case againstApple (for allegedly conspiring with publisher to price-fix eBooks) was revealed, there was no way Cupertino would lose. We're sorry. We were wrong. We were not alone in this assessment, however. Either way, what does Apple do now? Let's discuss.
If you are a patent holder and you haven't tried to sue Apple, you really are sort of bush league. Suing Apple is what all the cool patent holders are doing. This week, Boston University is looking to land a windfall of cash from Cupertino, and there might be a pretty good chance that university will win. Also, catch up on the details of the Department of Justice's big case against Apple, as we all await the final ruling that could change the way eBooks are sold.
As the Department of Justice eBook trial against Apple enters it's third, and likely final, week, two themes consistently emerge: one, the entire DOJ case seems built on a flimsy house of cards that continues to get knocked down; and two, Amazon was a major player in making this lawsuit happen. It seems reasonable to many that Apple will walk away from this case vindicated and victorious. Maybe. Will Apple prevail and, if not, what happens next? Read on.
As the Department of Justice's bizarre prosecution of Apple hits the halfway point of a scheduled three-week trial, there are some clues that perhaps the winds are shifting in favor of Cupertino. This entire case, which could only seem more sponsored by Amazon if its logo was displayed behind the judge's bench, started out with a great deal of hyperbole against Apple, as well as a judge that seemed to have decided the case before it began. Now, as the smoke clears from the DOJ's initial courtroom (and media) assault, it doesn't seem as clear-cut to everyone that Apple is the bad guy. In fact, it is even becoming obvious to many, including perhaps the judge, that Apple actually did not do anything illegal or unethical, and has actually greatly helped the eBook market since coming on the scene. Let's catch up on the last week and a half of this increasingly fascinating case.
The Justice Department's lawsuit against Apple and a gang of e-book publishers has been brewing for over a year. Now, just a few days before the trial is set to begin, Apple finds itself as the lone defendant in the case, as every other company involved has settled out of court. Is Cupertino willing to settle as well just to make the whole thing go away? Not a chance, says Tim Cook.
This week we look at how Apple and a Swedish photographer don't see eye to eye over a disputed image, how new developments in an ebooks antitrust case may bump up your iTunes account, and yet another move in the global chess match with Samsung. It's all fun and games until someone uses an eye!
Apple responds to the Department of Justice's antitrust lawsuit, Judge Posner gets a little snarky, and "somebody" is dragging Cupertino's two best patents back to court.
Will Cupertino's strategy against the DOJ work? Did Motorola really think Judge Posner would allow that? And who could it be that has such an interest in seeing Apple's patents tossed? Join us for another week of Law & Apple!