News, info, and opinion by Mac users, for Mac users.

November 15, 2007

legal

Under the gavel: Judge dismisses backdating suit; Burst still kicking

Posted Nov. 15, ’07, 8:50 AM PT by Dan Moren
Category | Legal

GaveliciousYes, it’s time for your latest gavelicious update. The MacUser Legal Correspondents sprinkled around the globe have put together a couple of stories that might interest you, the savvy reader who is all about keeping tabs on Apple’s law-related conundrums.

First up, more on everybody’s favorite options backdating hubbub. San Jose U.S. District Judge Jeremy Fogel has dismissed a suit by the New York City Employees’ Retirement System which alleged that the company’s awarding of backdated options diluted the value of the stock. There’s just one little teensy-weensy problem: Apple’s stock has actually never been higher. “Without a discernible drop in the stock price there is no basis upon which to establish an injury to shareholders,” Fogel wrote. Well, I mean, that’s still kind of good for the NYC Retirement folks, right? Still plenty of money to go around? The suit could potentially be refiled, which would probably fold it into an existing claim, so, as is the way of the US legal system, it ain’t over ‘til it’s been staked, decapitated, burned, and buried on consecrated ground sprinkled liberally with quicklime.

Next up: the hotly contest field of patentology. You may recall an ongoing legal battle between Apple and a company called Burst. Apple had asked to have several of Burst’s claims for patent infringement dismissed; Burst fired off a counterspellsuit. Despite its best efforts, it seem as though that was missing several crucial steps in the above described procedure for ending litigation: while Judge Marilyn Hall Patel has thrown out fourteen of Burst’s claims (PDF link), another twenty-two still remain open. What does this mean for Apple and Burst? Well, it looks like this will be the beginning of a beautiful enmityship.

I offer this reminder to all of you, extrapolating, if I may, from the immortal words of Sonny Curtis: when you fight the law, the law wins.


Leave a comment

 



Visit other IDG sites: