Apple’s e-book appeal to higher court: Toss out the verdict, or give us a real judge
“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.'”
