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GT Advanced reaches amended settlement agreement with Apple, will repay up to $290,000 per furnace sold

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GT Advanced announced this afternoon that it has reached an amended settlement agreement with Apple related to the sapphire crystal glass manufacturer’s recent bankruptcy filing, in which both parties have agreed to waive the condition that GT Advanced’s declaration on October 8th remain under seal and expunged. Meanwhile, GT Advanced has filed a Form 8-K with the U.S. Securities and Exchange Commission that provides further details about the recent fallout between Apple and GT Advanced.

The exhaustive document details the exact amounts that GT Advanced must repay Apple as part of its $439 million settlement, based on cash from the sale of Advanced Sapphire Furnaces (ASFs) at its Mesa, Arizona facility. GT Advanced will be required to pay Apple $200,000 per furnace for the first 500 units sold, $250,000 per furnace for units 501 through 1,000, and $290,000 per furnace from unit 1,001 until the loan is fully repaid.

GT Advanced Apple Repayment Tiers

Many details surrounding the fallout between Apple and GT Advanced surfaced last week in a declaration from GT Advanced COO Daniel Squiller filed with the United States Bankruptcy Court for the District of New Hampshire. Now that Apple and GT Advanced have agreed that the declaration is no longer required to remain under seal, further details about the matter could surface in the near future.

GT Advanced’s full-length Form 8-K filing with the U.S. Securities and Exchange Commission is embedded below:


Filed under: AAPL Company Tagged: agreement, Amended, Apple, Declaration, Furnaces, GT Advanced, Repayment, settlement

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Joe Rossignol

November 4th

Apple

Mac

Apple settles out of jury trial in $840 million e-books pricing suit

iBooks Mac iPad iPod

Apple settled out of court in the latest e-books price-fixing suit brought against the company, allowing the company to dodge an $840 million bullet, as reported by Bloomberg. The case, brought against the Cupertino company by multiple states and consumers, was set to go before a jury next month, but that will no longer be necessary.

The terms of the settlement have not yet been revealed, and the opposing sides of the case have one month to request formal acceptable of their agreement by the court.

As those familiar with the case may recall, Apple was first accused of conspiring with top publishers to increase ebook pricing in its iBookstore and competing services like Amazon back in 2012. Last year, a federal court found that Apple had in fact colluded with publishers. Apple appealed the ruling, but decided to send affected customers iTunes credit anyway.

If today’s settlement is accepted by the court, an end to this case could finally be in sight, though Apple still plans to continue its appeal of the earlier ruling.


Filed under: AAPL Company Tagged: ebooks, IBooks, Lawsuit, litigation, price-fixing, settlement

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Mike Beasley

June 17th

Apple

Mac

Apple calls DOJ ebooks remedy proposal ‘draconian and punitive’

Photo: appleheadlines.com

Photo: appleheadlines.com

Following the Department of Justice’s proposed settlements for the iBooks court case, Apple has submitted a response to the court that clearly shows the company is in no way interested in the suggested changes. The 31 page document is summarized quite well by the initial introduction:

Plaintiffs’ proposed injunction is a draconian and punitive intrusion into Apple’s business, wildly out of proportion to any adjudicated wrongdoing or potential harm. Plaintiffs propose a sweeping and unprecedented injunction as a tool to empower the Government to regulate Apple’s businesses and potentially affect Apple’s business relationships with thousands of partners across several markets. Plaintiffs’ overreaching proposal would establish a vague new compliance regime—applicable only to Apple—with intrusive oversight lasting for ten years, going far beyond the legal issues in this case, injuring competition and consumers, and violating basic principles of fairness and due process. The resulting cost of this relief—not only in dollars but also lost opportunities for American businesses and consumers—would be vast.

Here is the response in its entirety (via TNW):

 


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Scott Buscemi

August 2nd

Apple

Mac

DOJ proposes settlement in Apple ebook price fixing case: end current agreements, link to other stores

steve-jobs-ibooks

After reaching settlements with just about every publisher involved in the long-running Apple/Amazon e-book price fixing case, The United States Department of Justice today published its proposal to end the case with Apple after finding the company guilty of conspiring to fix ebook prices during trial earlier this month:

“The court found that Apple’s illegal conduct deprived consumers of the benefits of e-book price competition and forced them to pay substantially higher prices,” said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division.  “Under the department’s proposed order, Apple’s illegal conduct will cease and Apple and its senior executives will be prevented from conspiring to thwart competition in the future.”

Among the key points in the proposal:

-Apple must terminate its agreements with the 5 publishers involved

-Must “refrain for five years from entering new e-book distribution contracts which would restrain Apple from competing on price.”

-Must not “serve as a conduit of information among the conspiring publishers or from retaliating against publishers for refusing to sell e-books on agency terms”

-Must not enter contracts for music, movies, TV, or games, that will increase prices for competing retailers

-Must allow other e-book retailers like Amazon and Barnes & Noble to provide links from their e-book apps to their e-bookstores for two years (on iPhone and iPad)

-Must “appoint an external monitor to ensure that Apple’s internal antitrust compliance policies are sufficient to catch anticompetitive activities before they result in harm to consumers”

One of the most notable requests in the proposal would require Apple to allow Amazon and other book publishers to link directly to their ebook stores from within their mobile apps on iOS devices. The DOJ says it would allow “consumers who purchase and read e-books on their iPads and iPhones easily to compare Apple’s prices with those of its competitors.”

The settlement proposal comes following the DOJ’s trial against Apple last month, which resulted in the courts finding Apple guilty of conspiring with other publishers to raise e-book prices.

Apple is the last defendant in the case, as the five publishers initially involved– Hachette Book Group (USA), HarperCollins Publishers L.L.C., Holtzbrinck, Macmillan, Penguin Group (USA) Inc. and Simon & Schuster Inc–had settled with the courts previously. The publishers agreed to terminate agreements with Apple that would limit ebook price competition and “allow for retail price competition in renegotiated e-book distribution agreements.”

A report earlier this month from GigaOM estimated that Apple could have to pay up to $500 million in consumer damages based on what the five publishers have paid through state and class action cases, but there was no financial related settlements included in DOJ’s remedy proposal today. We heard that a trial against Apple for damages would soon follow the court’s ruling, and today the DOJ notes that the courts will hold a hearing on remedies on Aug. 9.


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Jordan Kahn

August 2nd

Apple

Mac

Penguin agrees to pay $75 million in consumer damages following eBook price fixing case

Apr23_Apple_eBooks

We already knew back in December that Pearson, along with a handful of other publishers had decided to settle with the U.S. Department of Justice in the high-profile Apple ebook price-fixing case. Today a statement from Peason’s Penguin unit confirms that it has now also reached an agreement that will see the publisher pay $75 million in consumer damages to the US State Attorneys General on behalf of people that were overcharged due to the alleged price fixing:

Penguin has reached a comprehensive agreement with the US State Attorneys General and private class plaintiffs to pay $75 million in consumer damages plus costs and fees to resolve all antitrust claims relating to eBook pricing.  Penguin has also committed to the State Attorneys General to abide by the same injunctive relief as previously agreed in a separate settlement with the Department of Justice.

In anticipation of reaching this agreement, Pearson had made a $40m provision for settlement in its 2012 accounts. An incremental charge will be expensed in Pearson’s 2013 statutory accounts as part of the accounting for the Penguin Random House joint-venture.


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Jordan Kahn

May 22nd

Apple

Mac

Penguin agrees to pay $75 million in consumer damages following eBook price fixing case

Apr23_Apple_eBooks

We already knew back in December that Pearson, along with a handful of other publishers had decided to settle with the U.S. Department of Justice in the high-profile Apple ebook price-fixing case. Today a statement from Peason’s Penguin unit confirms that it has now also reached an agreement that will see the publisher pay $75 million in consumer damages to the US State Attorneys General on behalf of people that were overcharged due to the alleged price fixing:

Penguin has reached a comprehensive agreement with the US State Attorneys General and private class plaintiffs to pay $75 million in consumer damages plus costs and fees to resolve all antitrust claims relating to eBook pricing.  Penguin has also committed to the State Attorneys General to abide by the same injunctive relief as previously agreed in a separate settlement with the Department of Justice.

In anticipation of reaching this agreement, Pearson had made a $40m provision for settlement in its 2012 accounts. An incremental charge will be expensed in Pearson’s 2013 statutory accounts as part of the accounting for the Penguin Random House joint-venture.


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Jordan Kahn

May 22nd

Apple

Mac

iPhone 4 owners begin receiving their $15 ‘Antennagate’ settlement checks from Apple

Check-iphone-4-settlement.

Payday has come for some of the first responders to the iPhone 4 class action lawsuit.  Last February a settlement was reached that granted iPhone 4 owners who had not previously received a free bumper for their “defective” iPhones a $15 payout.  Several of our readers are now reporting that they received their settlement checks today.  The first checks were issued on April 17 2013 and are void after July 16th.  Unfortunately the deadline for submitting a claim has passed so if you missed out the first time around it seems you are out of luck.

In case you forgot, the settlement found:

Apple was “misrepresenting and concealing material information in the marketing, advertising, sale, and servicing of its iPhone 4–particularly as it relates to the quality of the mobile phone antenna and reception and related software.”

Apple paid out a total of $53 million in the settlement, which was lawyers took a hefty $16M chunk.


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Dan DeSilva

April 23rd

Apple

Mac

Apple to pay $53 million in class-action suit following iPhone warranty policy

via Flickr

Bring your faulty iPhone into your local Apple Store and probably the first thing the technician behind the Genius Bar troubleshooting your device will do is check the status of Liquid Contact Indicator, which signals excessive exposure to water.

This hidden tape strip reacts to moisture and can be found in your device’s headphone jack and charging port. The status of your warranty coverage depends on its color: if it is white, you pass, which means you are probably not responsible for replacement costs; if it is pink, your warranty is void, which can lead to expensive repair costs.

Apple’s practice of not honoring its hardware warranty based on this practice led to a class action lawsuit against the company in California.

Apple has reportedly agreed to pay up to the tune of $53 million in a settlement, nearly $16 million of which will go toward the legal counsel of the plaintiffs, and should be filed in a San Francisco federal court in the coming days, according to Wired.com.

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Zac Hall

April 12th

Apple

Mac

Apple to pay $53 million in class-action suit following iPhone warranty policy

via Flickr

Bring your faulty iPhone into your local Apple Store and probably the first thing the technician behind the Genius Bar troubleshooting your device will do is check the status of Liquid Contact Indicator, which signals excessive exposure to water.

This hidden tape strip reacts to moisture and can be found in your device’s headphone jack and charging port. The status of your warranty coverage depends on its color: if it is white, you pass, which means you are probably not responsible for replacement costs; if it is pink, your warranty is void, which can lead to expensive repair costs.

Apple’s practice of not honoring its hardware warranty based on this practice led to a class action lawsuit against the company in California.

Apple has reportedly agreed to pay up to the tune of $53 million in a settlement, nearly $16 million of which will go toward the legal counsel of the plaintiffs, and should be filed in a San Francisco federal court in the coming days, according to Wired.com.

LL. “Settlement Fund” means $53,000,000 (fifty-three million dollars) in cash that Apple has agreed to deposit into a non-reversionary settlement fund that if FDIC-insured and administered by the Settlement Administrator, subject to the control and jurisdiction of the Court, from which all Settlement Class Members’ claims, all attorneys’ fees and litigation expense reimbursements sought by Class Counsel, and any incentive awards to Class Representatives will be paid.

The settlement affects the original iPhone, the iPhone 3G, and iPhone 3GS, as well as the first and second generation iPod Touch.

Screen Shot 2013-04-12 at 8.29.17 AM

Read the leaked agreement acquired by Wired.com here.


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Zac Hall

April 12th

Apple

Mac

Judge says Apple and Google are using litigation as a business strategy, have ‘no interest’ in settlement

apple_motorolaIn an ongoing case in which Apple and Google’s Motorola have accused each other of infringing various mobile related patents since 2010, U.S. District Judge Robert Scola said in an order yesterday that the two companies have no interest in reaching a settlement. Bloomberg reports Scola said in his order that both companies are using the litigation as a “business strategy that appears to have no end”:

“The parties have no interest in efficiently and expeditiously resolving this dispute; they instead are using this and similar litigation worldwide as a business strategy that appears to have no end,” U.S. District Judge Robert Scola in Miami said in an order dated yesterday. “That is not a proper use of this court.”

“Without a hint of irony, the parties now ask the court to mop up a mess they made by holding a hearing to reduce the size and complexity of the case,” he wrote. “The court declines this invitation.”

The result is Apple and Google will now have a four month period to narrow their claims related to the case that now includes over 180 claims for 12 patents. Bloomberg notes that Scola said the case currently includes “disputes over the meaning of more than 100 terms,” and that the case would be put on hold until the disputes are resolved if the two companies are unable to come up with a solution before the four month timeframe expires.

Back in November there were reports that Apple and Google’s Motorola were considering a settlement and even submitted “proposals on using binding arbitration to reach a licensing agreement” for standard essential patents to courts in Wisconsin. At the time Apple said “such an agreement could lead to a global settlement of all of their patent disputes,” but the two companies couldn’t come to an agreement on the arbitration process.

Last year Apple and HTC announced they reached a global settlement in multiple patent-related cases that some analysts estimated could be worth as much as $180 million to $280 million annually. When it comes to Samsung, many reports quoted Samsung’s Shin Jong-kyun as claiming the company does not “intend to (negotiate) at all” following the HTC settlement.


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Jordan Kahn

April 11th

Apple

Mac
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