News in the Apple e-book price-fixing case this week was made outside Judge Denise Cote’s courthouse. On Tuesday, plaintiffs from several states, as well as the consumer class, announced a proposed settlement with the Cupertino, California computer maker. This latest move is hardly the last in the long-running litigation, though it indicates Apple may think its legal options are dwindling.
“We know a few things from Judge Cote’s earlier decisions,” Andrew Albanese, Publishers Weekly senior writer, explains. “One, she was determined to see Apple pay. Two, she found the plaintiff’s damage calculation model to be reasonable. And three, she found Apple’s arguments against the damage calculations so weak that she disqualified them, leaving Apple with virtually no defense.
“Indeed, there was a growing chance there would be no trial,” he tells CCC’s Chris Kenneally. “Either Judge Cote was going to hand out a number in summary judgment, or there was going to be a settlement—but with no defense, there was simply nothing for Apple to go to trial with.”
Every Friday, CCC’s “Beyond the Book” speaks with the editors and reporters of “Publishers Weekly” for an early look at the news that publishers, editors, authors, agents and librarians will be talking about when they return to work on Monday.