“The two competing theories of law that ran through Apple’s e-book antitrust case run right through the middle the appellate court ruling issued today,” Philip Elmer-DeWitt reports for Fortune. “Apple lost the appeal, as it lost the original case. But it was a split decision, 2-1, along the same legal fault lines.”

“And from the harsh language in both the majority decision and the dissent, it sounds like the three judges had a helluva fight,” P.E.D. reports. “The Supreme Court may be the only court that can settle this.”

“Apple declined to tip its hand, but having fought the case this far, the company doesn’t seem inclined to give up now,” P.E.D. reports. “This is the statement it released to Fortune: ‘Apple did not conspire to fix e-book pricing, and this ruling does nothing to change the facts. We are disappointed the Court does not recognize the innovation and choice the iBooks Store brought for consumers. While we want to put this behind us, the case is about principles and values. We know we did nothing wrong back in 2010 and are assessing next steps.'”

Read more in the full article here.

MacDailyNews Take: The lack of evidence to support the idea that Apple conspired with publishers is appalling. Apple should appeal to the Supreme Court. Of course, the current U.S. Supreme Court is like a box of chocolates, so…

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In pretrial view, judge says leaning toward U.S. DOJ over Apple in e-books case – May 24, 2013
Lawyers have complained for years that Judge Denise Cote pre-judges cases before she enters the courtroom – August 14, 2013

Apple loses appeal in e-book price-fixing case – June 30, 2015
George Priest: Apple should win its e-book appeal – December 15, 2014
Obama’s DOJ brings in its big guns to Apple e-book appeal – December 11, 2014
U.S. Federal Puppet Denise Cote says she’s troubled by Apple $450 million e-books settlement deal – July 24, 2014
U.S. Federal Puppet Denise Cote: Apple cannot escape U.S. states’ e-book antitrust cases – April 15, 2014
U.S. Federal Puppet Denise Cote: ‘Apple’s reaction to the existence of a monitorship underscores the wisdom of its imposition’ – January 16, 2014
Judge Denise Cote denies Apple request block her friend as ‘antitrust compliance monitor’ – January 13, 2014
Antitrust monitor Bromwich rebuts Apple accusations of ‘unconstitutional’ investigation – December 31, 2013
Apple seeks to freeze its U.S. e-books ‘antitrust monitor’ – December 15, 2013
The persecution of Apple: Is the U.S. government’s ebook investigation out of control? – December 10, 2013
Apple’s Star Chamber: An abusive judge and her prosecutor friend besiege the tech maker – December 5, 2013
Apple takes aim not just at court-ordered e-books monitor, but also at U.S. District Judge Denise Cote herself – December 2, 2013
U.S.A. v. Apple: Judge Denise Cote assigns DOJ monitor in Apple ebook price-fixing case – October 17, 2013
U.S.A. v. Apple: Judge issues injunction against Apple in ebooks antitrust case; largely in line with what DOJ wanted – September 6, 2013
U.S.A. v. Apple: Judge Denise Cote says Apple needs third-party supervision after ‘blatant’ ebook price fixing – August 28, 2013