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08-27-2013, 12:38 AM #1
Apple Argues DOJ's E-Book Settlement Brief Would Give Amazon the Competitive Advantage
An endorsed memo from Apple lawyer Orin Snyder recently entered the court records stating that the DOJ’s latest filing regarding the recent e-book trial is “plainly improper.” The memo alleges that it is less of a letter to the court than a “12-page broadside masquerading as a brief.”
To be more specific, in his letter to U.S. District Court Judge Denise Cote, who previously ruled Apple was guilty of Apple e-book price fixing, Snyder noted that both parties were to submit letters to the court if they could not reach an agreement on settlement terms. According to Snyder, the DOJ instead “filed a 12-page broadside masquerading as a brief repeating their prior arguments and largely ignoring the Court’s core guidance.” Accompanying the brief was 72 pages of documents that were “simply pulled off the internet,” not the trial records, all of which sought out to discredit Apple.
The Cupertino California company’s counsel characterizes the brief as an effort on the part of the Justice Department to win an injunction that is out of proportion to the evidence asserted during the trial. The issues raised by the DOJ are counterproductive, according to Snyder, because they are separate from those that are already adjudicated. Along with chipping away at Apple’s credibility, much of the brief focuses on how the company deals with purchases made from the Amazon Kindle app. Snyder pointed out the issue was not even raised during the trial, saying that any changes to the current arrangement could give Amazon a significant competitive advantage.
Another point of contention was a proposed external antitrust monitor, which the DOJ wants installed at Apple for a minimum of five years. Concluding his swipe at the DOJ’s brief, Snyder mentions the following:
The parties have been litigating long enough to understand what it means to file letters setting forth their positions. There is simply no excuse for plaintiff’s disregard of the Court’s order, and their conclusion of non-record material on issues not adjudicated by this Court in this case.
Source: Scribd (1) (2) via AppleInsider