After a refusal to delay a trial, it seems that Apple could be the one paying the hefty sum to another party. The application to put a pause on the trial that would cause Apple to be ordered to pay hundred of millions of dollars was denied by an appeals court a few weeks ago.
Back in 2012, Apple Inc along with five of the nation’s largest publishers were accused of colluding to fix the prices of ebooks. The parties were further accused of meeting privately where discussions took place to set the prices much higher than usual. The parties did so so the modal could be imposed on Amazon who are infamous on selling their products at discounted prices. Apple as well as the publishers denied any wrong doing and argued that if the suit brough by the U.S. be successful, Amazon would have too much influence over the industry.
The trial has been an on going debate with its end nearing with Apple being the losing party. To stop this from happening, Apple attempted to request for a delay in the proceedings. As stated, this was unsuccessful with the U.S. Court of Appeals for the Second Circuit stating the trial will continue on July 14 to decide the sum Apple will be ordered to pay for brokering a conspiracy with the other publishers. This sum could be a judgement of about $700 million to $850 million to be paid to the wronged consumers as stated in April by lawyer Steve Berman.
The other publishers however, have chosen to settle and consumers received notifications via email that credits have been paid to their Kindle and Barnes & Noble accounts. It is presumed that consumers are going to receive another email notifying them of the July trial.
Apple has continued to battle by appealing Justice Denise Cote’s decision in April last year that the company was guilty of master minding the scheme. It argues that the proceedings should be halted while the appeal process is underway but the argument seems to be falling on deaf ears. Apple filed a handful of procedural challenges as well but that too were not successful.
Unlike the other trials before, it seems that the company isn’t going to win this litigation battle. Even if it does, it isn’t going to be easy by any means for Apple.