U.S.A. v. Apple e-book U.S. District Judge Denise Cote just loves her Apple iPad

Phillip Elmer-Dewitt reports for Fortune that U.S. District Judge Denise Cote, the same judge who said before the trial started that she believed the government would be able to show by direct evidence that Apple ‘knowingly participated in and facilitated a conspiracy to raise prices of e-books,’ interrupted Apple’s U.S. iBookstore honcho Robert McDonald as he began a demo of how page turning works in Apple’s iBooks App.

P.E.D. reports, “This will probably come as no surprise, she began. ‘I have an iPad. I love my iPad. I have seen this feature.’

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“If anyone in the court believed that the judge’s feelings for the device would affect her decision one way or the other, they gave no indication,” P.E.D. reports. “Thursday has been set aside for summations. Each side will get two half hours to make their closing arguments.”

Read more in the full article here.

[Thanks to MacDailyNews Readers “Fred Mertz” and “Rainy Day” for the heads up.]

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  1. He was demonstrating the feature in response to DOJ saying that this feature was previously implemented by others.

    What does this have to do with the case in hand? Anyone?

  2. Before the trial, she said that the government would be able to show by direct evidence that Apple “knowingly participated in and facilitated a conspiracy to raise prices of e-books”.

    Then yesterday, she said that she had worked hard before the trial began, poring over all the pre-trial documents. “I thought I had prepared so well. I learned a lot. But you have helped me understand so much more through the evidence. look forward to your summations. It seems to me the issues have somewhat shifted during the course of the trial. Things change. People have to stay nimble. I’m looking forward to understanding where we are now.”

    Things change. Issues have shifted. She is clearly trying to signal that DOJ may have made a mistake here.

      1. @dr. sparemachinery, I understand what you are saying, but most attorneys appreciate a judge making subtle, or not so subtle comments, on the evidence. Now I am not going to speculate on these comments, as I am not privy to the transcript or the context in which they were stated.

        As you know this trial is jury waived, as such, judges comments like these, afford the parties and counsel an opportunity to make adjustments, or alternatively take a second, serious, look toward settlement.

  3. Judge Cote is far less circumspect than what an esteemed member of the court should be. She is getting her instruction from DOJ by way of Pennsylvania Avenue.

    1. Umm, actually the Judicial branch gets their “instructions” from 1 First St.
      Look, Judge Cote has been a federal judge since 1994 and knows how her court should be run. As maczac pointed out, attorneys appreciate a judge making subtle, or not so subtle comments, on the evidence.
      While I personally am not a fan of the President that appointed her nor the 103rd Congress which confirmed her, I do respect the separation of the branches as created by the Constitution. Obama has no power over a sitting Federal Judge. The DOJ is part of the Executive branch, Judges are the Judicial branch and no Judge will cowl down to a bunch of lawyers, especially a Judge who has been seated for almost 19 years.

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