Appeals court denies Apple bid to delay e-books damages trial

An appeals court denied Apple's request for a stay during appeal

The trial for damages in the e-books price-fixing lawsuit against Apple is to proceed on July 14 after an appeals court declined to stay it.

The U.S. Court of Appeals for the 2nd Circuit ruled Thursday that Apple did not qualify for a stay during appeal on proceedings in the U.S. District Court for the Southern District of New York, where the case is scheduled to go on trial to determine damages. A temporary stay entered by the appeals court last month was ended.

U.S. District Judge Denise Cote of the New York court ruled last year that Apple and five major U.S. publishers had conspired to raise prices in the e-book market to counter Amazon.com.((

The U.S. Department of Justice, 33 states and U.S. territories and a group of consumers claiming class status brought lawsuits charging that Apple and the publishers conspired to raise e-book prices in 2010. All of the book publishers settled before a trial on liability that was held in June 2013.

At the hearing in July, the states and the class are scheduled to try their damages claims against Apple. Judge Cote earlier granted class certification to the consumer group as well as denied an Apple plea that the states lack standing or should be asked to seek class certification before seeking to recover damages from Apple due to its antitrust violations.

In its appeal, Apple has held that it had no knowledge that publishers were engaged in a conspiracy in December 2009 or at any other point. Apple had offered a retail business model to the publishers that was in the company's independent business interests "and was attractive to the publishers, who were frustrated with Amazon," it said in a filing in February.

Apple could not be immediately reached for comment on the decision by the appeals court.

On Thursday, Judge Cote ordered the parties to confer and inform her on the schedule going forward for the proceedings, in view of the appeals court order.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.

Tags internetApplelegalantitrustInternet-based applications and services

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Essentials

Brother MFC-L3745CDW Colour Laser Multifunction

Learn more >

Mobile

Exec

Sony WH-1000XM4 Wireless Noise Cancelling Headphones

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Pope

Dynabook Portégé X30L-G

Ultimately this laptop has achieved everything I would hope for in a laptop for work, while fitting that into a form factor and weight that is remarkable.

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Featured Content

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?