Supreme Court of the United States · Official docket →
Coronavirus Reporter, et al. v. Apple Inc.
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-15166, 22-15167 · judgment November 3, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Did the District Court err in denying leave to amend a first-to-file developer antitrust lawsuit concerning free digital apps, when Petitioner Dr. Jeffrey Isaacs had never amended his complaint once as a matter of course, and no Foman v. Davis, 371 U.S. 178 (1962) factors were analyzed?
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Does the tying of digital software distribution stores to the iPhone device by Apple Inc., represent pernicious conduct subject to the per se antitrust rule established in Northern Pacific Railway Co. v. United States, 356 U.S. 1 (1958)?
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Does Apple’s contrived digital notary stamp represent a modern-day stamp tax which facilitates gatekeeping and censorship of software distribution, violating Northern Pacific tying rules?
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In light of Aspen Skiing Co. v. Aspen Highlands Skiing Corp., 472 U.S. 585 (1985), and its established precedent on the significance of exclusionary conduct in Section 2 claims, beyond the confines of market definition, was a Rule 12 dismissal for purported market definition defects of free apps improper?
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Is the failure of the current Brown Shoe pricing formulas to define free digital products as a relevant market, as practiced by Apple Inc., indicative of a need for the Court to revisit the original text of the Sherman Act or to refine the application of Brown Shoe?
Counsel of record
For petitioner
Keith Allen Mathews
AWP Legal
For respondent
Rachel Susan Brass
Gibson, Dunn & Crutcher LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- May 13 2024Petition DENIED.
- Apr 17 2024DISTRIBUTED for Conference of 5/9/2024.
- Apr 12 2024Waiver of right of respondent Apple Inc. to respond filed.
- Apr 03 2024Petition for a writ of certiorari filed. (Response due May 6, 2024)