“Apple pulled no punches in the 65-page brief it filed Tuesday, asking a higher court to overturn the controversial results of last year’s e-book antitrust trial and placing blame for the outcome squarely on the shoulders of the judge who heard the case,” Philip Elmer-DeWitt reports for Fortune.
“In Apple’s view, U.S. District Judge Denise Cote was not only wrong about the law when she ruled that the company orchestrated a conspiracy with publishers to fix the price of e-books, she wrong about the facts as well,” P.E.D. reports. “The key issue of law is the same one that was raised in at trial: That the antitrust rules that restrain the actions of direct competitors are not the same as those governing the actions of a vertical player — as Apple was in its dealings with the publishers.”
“The key issue of fact has to do with the judge’s timeline of the case,” P.E.D. reports. “‘The district court’s judgment and injunction should be reversed, and judgment should be entered for Apple,’ the brief concludes. ‘In the alternative, a new trial before a different district judge should be granted.'”
Read more in the full article here.
MacDailyNews Take: We’re about to find out the answer to the question we asked back in early January:
Can Apple get a real judge to look at this eventually, as opposed to a stupid puppet?
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
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