Apple has filed a formal appeal asking for last year’s ruling from U.S. District Judge Denise Cote to be overturned due to an overreliance on circumstantial evidence. The 2013 ruling found Apple to have knowingly participated in a price-fixing scheme with several publishers on the e-book versions of their biggest titles in order to wrench the market share away from Amazon and the Kindle format, which had established a standard $9.99 price for e-books.
The legal brief filed this week goes on to attack the merits of Cote’s fact-finding, suggesting it was an abuse of judicial discretion and a “radical departure” from modern jurisprudence based on ambiguous evidence. The document goes on to request the monitor assigned to review Apple’s antitrust activities for the next two years be suspended, and to suggest maybe that judge wasn’t cool enough to be a Mac anyway.
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