Apple may have lost its appeal to have its external monitor stayed, but it remains defiant, this week forcing Judge Denise Cote to issue a second order in three days stating that the company must comply with her final injunction.
In a letter filed yesterday, Apple responded to Judge Cote’s recent order that they produce all documents requested by the monitor by February 26, advising the court that it would only provide those documents that it viewed as being within the monitor’s narrow mandate, as it interpreted the Second Circuit’s ruling.
The letter brought a swift, terse response from Cote.
“In a letter of February 20, Apple provides its characterization of events associated with Apple’s request for a stay of the monitorship and its understanding of the import of the Second Circuit’s denial of that request. It also explains that it will decide whether the documents requested by mandate and will not produce those documents that it determines fall outside that mandate,” the order notes. “Apple may not unilaterally decide to withhold a document requested by the Monitor on the ground that Apple has concluded that the Monitor’s document request is not 'consistent with the scope of [the Monitor' s] mandate' as interpreted by the Second Circuit.”
The order commands Apple to comply fully with the monitor’s document request. To the extent that Apple believes that “any responsive documents should be withheld because they are protected” Cote ordered Apple to “produce a privilege log” and to follow “the procedure outlined in the February 19 Order to resolve or address any disputes in this regard as well.”
Meanwhile, reply filings are due today in the summary judgment phase of Apple's damages trial.
