After blasting the Department of Justice’s proposed injunction in its e-book price-fixing case, Apple attorneys late last week asked the court for a stay of all proceedings pending its forthcoming appeal.
Although Apple’s appeal filing was not available at press time, Judge Cote alluded to the request in an order demanding Apple detail its belief that evidence in the case was “improperly admitted, excluded, or disregarded." She gave Apple until Thurdsay morning, August 8, to submit a letter detailing what evidence it believes was mishandled. The parties are also due in court for a conference on August 9.
Cote also noted that Apple attorneys believe they have “a substantial possibility” of success in overturning Cote’s decision on appeal.
The letter hints at one major prong of Apple’s likely appeal strategy—to attack the judge and the judicial process.
A number of legal scholars have said that Cote’s decisive, heavily fact-based ruling will be difficult to overturn on the merits. But the case itself involved a host of moving parts, and Apple attorneys expressed frustration at numerous points during the trial with Judge Cote’s evidentiary rules. In addition, Apple attorneys expressed concern in its opening statement that Judge Cote’s pre-trial “tentative view” may have indicated bias on the judge’s part.
