[AnemicOak]

Judge Says Price-Fixing Suit Filed by Retailers Can Proceed

Apple and the publishers had sought to have the case tossed, but in a 22-page opinion, Cote ruled that the retailer was entitled to its day in court. In addition, the DNAML case will likely be joined by two related cases, one filed by Lavoho, LLC, a "successor" to the Diesel eBook Store; and another from Abbey House Media, formerly BooksOnBoard. In her order, Cote scheduled a pretrial conference for July 25, that is to include Lavoho and Abbey House, at which the parties are to discuss “a schedule for fact discovery, and settlement talks,” as well as confer on a proposed schedule. She also lifted a discovery stay.

Although Cote in her opinion said proving damages was going to be difficult “in the extreme” for the DNAML, she held that the plaintiff’s case met the standard to proceed. But while Cote suggested that proving damages might be difficult, she added that DNAML’s “lost investment,” in its business “may be reasonably quantifiable.”