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Old 09-28-2015, 04:15 PM   #46
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Actually in the case of anti-trust it does. That is the whole "reason" angle they are trying to attack. Anti-trust is not a black and white law.
Quite true, anti-trust law is not black and white by any stretch.
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Old 09-28-2015, 04:25 PM   #47
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Quite true, anti-trust law is not black and white by any stretch.
I still believe though, and please feel free to disagree, that Apple does not have very good chances to overturn this. Possible they still win? Sure, but chances are slim.
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Old 09-28-2015, 04:32 PM   #48
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Mostly it is unlikely that the Supreme Court will even take it up. They only take on a tiny fraction of petitions submitted for their review (75-80 out of about 10,000 each year).
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Old 09-28-2015, 07:01 PM   #49
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I still believe though, and please feel free to disagree, that Apple does not have very good chances to overturn this. Possible they still win? Sure, but chances are slim.
Well, we have hashed this out a number of times and the basic arguments on both sides don't change. It really comes down to if the Supreme Court wants to revise Leegin's or not, i.e. should Apple be judged via Rule of Reason or per se.

This sort of thing happens on a regular basis. We are seeing that with the issue of quotas and colleges. Generally, when the Supreme Court is prepared to reverse course, then they tend to hint that they are ready to reconsider. Plus, the five judges who were in the majority (Kennedy, who wrote the decision, Roberts, Scalia, Thomas and Alito) are still on the court while of those who dissented ( Breyer, Stevens, Souter and Ginsburg) Stevems and Souter have both retired.

Of course, what that doesn't take into account is if some technical detail comes into play.

As far as the assertion that the Supreme Court won't even hear it, I find it highly unlikely. The Supreme Court normally will hear a case that is in contradiction to an earlier ruling. In addition, it only takes 4 judges to grant certiorari.

Here is a link that discusses the basic process.

http://www.scotusblog.com/reference/...urt-procedure/
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Old 09-28-2015, 07:58 PM   #50
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Should have clarified. I doubt they have any chance per se, and for rule of reason it is not a guranteed win, IMHO. If it was easy it would have never made it to the Supreme Court. I am with you though, there is a higher chance than other cases to be heard. As for the outcome - I don't believe it is an automatic 5:2 win with 2 unknowns. Simple reason - again if it was simple and obvious it would have never had to make it to the Supreme Court.
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Old 09-29-2015, 04:47 AM   #51
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Apple is after Electronic Arts one of the worst companies. I hope they get their *** kicked.
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Old 09-30-2015, 03:41 PM   #52
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If the case isn't selected for review, can't we all agree that the Justices decided that Apple Doesn't really appeal to the Supreme Court after all?
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Old 09-30-2015, 03:42 PM   #53
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Agreement about Apple, you've got to be kidding.
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Old 09-30-2015, 03:49 PM   #54
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If the case isn't selected for review, can't we all agree that the Justices decided that Apple Doesn't really appeal to the Supreme Court after all?
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Old 09-30-2015, 06:19 PM   #55
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If the case isn't selected for review, can't we all agree that the Justices decided that Apple Doesn't really appeal to the Supreme Court after all?
What difference does that make? The end result is the same. Whether they appeal or not if it is not selected for review matters little as to why. The Supreme Court is under no obligation to make public the reason.
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Old 09-30-2015, 06:37 PM   #56
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What difference does that make? The end result is the same. Whether they appeal or not if it is not selected for review matters little as to why. The Supreme Court is under no obligation to make public the reason.
I took phogg's use of appeal as attractive. That if not chosen then the supreme court isn't attracted to apple. Some people like apples, some don't. I thought it was a play on words.
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Old 09-30-2015, 08:42 PM   #57
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I took phogg's use of appeal as attractive. That if not chosen then the supreme court isn't attracted to apple. Some people like apples, some don't. I thought it was a play on words.
Really, some people don't like Apple? I would have never guessed it.
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Old 09-30-2015, 08:54 PM   #58
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Really, some people don't like Apple? I would have never guessed it.
I like apples very much. Earlier it was whole, then it looked like Apple's logo, then all that was left was the core. At that point I discarded the remainder of my fully eaten apple ...
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Old 10-01-2015, 11:31 AM   #59
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What difference does that make? The end result is the same. Whether they appeal or not if it is not selected for review matters little as to why. The Supreme Court is under no obligation to make public the reason.
I think it was a joke. "They're just not that into you Apple." Like when a guy doesn't call again after a first date.
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Old 10-02-2015, 07:51 PM   #60
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