Judge Denise Cote

Appeals court upholds Cote’s Apple anti-trust verdict and settlement

By Chris Meadows
June 30, 2015 // 5 Comments

Only last month, the 2nd Circuit appeals court said that anti-trust monitor Michael Bromwich could continue to monitor Apple in a ruling on Apple’s appeal of Judge Cote’s refusal to dismiss him. Today, the same appeals court issued a similar ruling on Cote’s original verdict, which found [...]

Apple anti-trust monitor can stay on, appeals court rules

By Chris Meadows
May 28, 2015 // 3 Comments

My, the squabbles between Apple and the e-book anti-trust monitor Michael Bromwich have been going on for a long time, haven’t they? I can’t even keep track of how many shots and volleys have been fired back and forth. The latest news out of the case involves the appeal of Judge Cote’s [...]

Wall Street Journal blasts Apple anti-trust monitor Michael Bromwich for overcharging, malfeasance

By Chris Meadows
February 18, 2015 // 0 Comments

Well, there goes the Wall Street Journal again. In a paywalled opinion piece (just Google “All Along the Apple Watchtower” to read it), the Journal once again takes aim at Apple anti-trust monitor Michael Bromwich. The editorial complains, among other things, of Bromwich’s $1,100 per hour fee [...]

Appeals court judges ask probing questions in Apple e-book anti-trial case

By Chris Meadows
December 16, 2014 // 0 Comments

Yesterday, the appeals court heard testimony from Apple and the Department of Justice relating to the e-book anti-trust trial appeal. To my surprise, two of the three judges seemed amenable toward Apple’s point of view. They expressed concern over why the publisher collusion was such a bad thing [...]

Judge Cote rules DRM removal for fair use is not copyright infringement

By Chris Meadows
December 10, 2014 // 7 Comments

The Apple anti-trust case continues to have some interesting fallout. The EFF today issued a press release concerning Judge Denise Cote last month dismissing some charges in a related case, trumpeting that Cote had ruled that stripping DRM for fair use purposes is legal. I’ve read the 20-page [...]

Apple settles e-book anti-trust damages with states, class-action plaintiffs

By Chris Meadows
June 17, 2014 // 0 Comments

Well, there’s a thing. Reuters reports that Apple has agreed to settle the e-book anti-trust lawsuit filed by 33 state attorneys general and class-action lawyers for consumers from other states. Details of the settlement have not been released; it still needs approval from the court. Judge Cote [...]

iBooks to be included with every iOS 8 device; will the DoJ take notice?

By Chris Meadows
June 5, 2014 // 4 Comments

Apart from all the little features it’s swiping from Android (finally, widgets, custom keyboards, and cross-app sharing APIs!), the new iPhone OS 8 includes one little feature that Mark Coker of Smashwords believes will be a “game changer.” For the first time, iBooks will be bundled directly [...]

Judge Cote awards patent troll victim legal fees under new Supreme Court precedent

By Chris Meadows
June 2, 2014 // 0 Comments

Speaking of Judge Cote, turns out she’s got her head on straight in other ways than just the Apple trial. Ars Technica covers her ruling on a patent troll lawsuit, the first of its kind under a new Supreme Court precedent stating that patent trolls who lose their case can be required to pay the [...]

Appeals court rejects Apple request for stay of damages trial

By Chris Meadows
June 2, 2014 // 1 Comment

Apple’s collected another appeal rejection the way some writers used to collect publisher rejection slips. The appeals court issued a terse decision saying that Apple hadn’t met the legal standard required for a stay, so it would not stay the damages phase of the trial while Apple appeals the [...]

States rights to damages bode ill for Apple

By Paul St John Mackintosh
April 16, 2014 // 0 Comments

Legal developments around the Apple ebook price fixing debacle are not exactly going Cupertino’s way. Most recently, U.S. District Judge Denise Cote, to no one’s great surprise, returned a negative response to Apple’s motion to dismiss the damage claims brought by 33 states of the [...]

Judge Cote certifies consumer suits for class action in Apple antitrust case

By Chris Meadows
March 29, 2014 // 0 Comments

Calling it a “paradigmatic antitrust class action,” Judge Denise Cote has granted class-action certification to the consumers whose suit against Apple makes up one third of the intricate bundle of cases she is presiding over in the Apple antitrust trial. (The other two thirds are, of course, [...]

New developments in Apple anti-trust trial: Apple accuses Judge Cote of bias; economists file amicus brief

By Chris Meadows
March 6, 2014 // 0 Comments

Here’s a twofer of Apple anti-trust suit stories. First, from Andrew Albanese at Publishers Weekly comes the news that a February 21 Apple filing opposing summary judgment in the damages phase has been made public, and it’s pretty clear the gloves are off. Apple is outright accusing Judge Cote [...]

Apple files opening brief in e-book anti-trust trial appeal

By Chris Meadows
February 26, 2014 // 1 Comment

Ars Technica reports that Apple has filed a 75-page opening brief in its appeal of Judge Cote’s decision finding it guilty of engaging in a conspiracy with the publishers to help raise prices. The Ars article has a reasonable summary of Apple’s arguments. Fundamentally, many of them are the [...]

Apple files motion to move anti-trust damages trials to California, Texas

By Chris Meadows
February 25, 2014 // 0 Comments

Looks like Apple is doing whatever it can to flee from Judge Cote. Andrew Albanese reports at Publishers Weekly that Apple has filed a motion to split the state and class-action agency pricing lawsuits away from the Department of Justice trial and move them to districts in northern California and [...]

Judge Cote assigns anti-trust monitor mediator, warns Apple against withholding documents

By Chris Meadows
February 21, 2014 // 0 Comments

The Apple anti-trust affair proceeds apace. In the wake of the appeals court decision allowing the monitor’s work to go ahead, Andrew Albanese reports at Publishers Weekly, Judge Cote has assigned a magistrate judge to act as a first-line mediator to resolve any disputes between Apple and [...]

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