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Apple reaches deal with employees in lawsuit over anti-poaching policies

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Update: According to Reuters, the settlement is $415 million, a big improvement over the previous $380 million offer.

Apple has reached a deal with its employees over do-not-hire policies that workers claim prevented them from getting higher-paying jobs at competing companies. Judge Lucy Koh previously rejected an offer to the tune of $324 million that the plaintiff in the case said was too low.

Today’s settlement is presumably for much more money than the original, since the plaintiff has accepted it, but the details of the deal have not yet been disclosed. Judge Koh said that the prior offer should have been closer to $380 million.


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Apple & Google both appealing court ruling that anti-poaching settlement was too low

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The anti-poaching case rumbles on … After an antitrust class-action suit last year accused Apple, Google, Intel and Adobe of secretly agreeing not to poach staff from each other, the case appeared to be all over back in April when the parties reached a $324M settlement.

Settlements have to be signed-off by a court, however, to ensure that it is considered fair to all parties. Earlier this month, Judge Lucy Koh rejected the settlement, saying the amount should have been $380M.

Two days ago, the parties resumed settlement talks with the help of a retired judge, but it appears these are not going well: Reuters now reports that Apple and Google has asked an appeals court to overturn Judge Koh’s decision.

In a court filing late on Thursday, the companies asked the 9th U.S. Circuit Court of Appeals to overrule Koh’s decision.

Koh “committed clear legal error” and “impermissibly substituted the court’s assessment of the value of the case for that of the parties who have been litigating the case for more than three years,” they wrote.

Judge Koh had earlier said that Steve Jobs “was a, if not the, central figure in the alleged conspiracy.”

Apple in court: Samsung infringes key text-selection patent, anti-poaching class action blocked, slide to unlock invalidated in Germany

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Text-selectionApple’s decision to disable VPN on demand functionality on iOS due to the virnetX lawsuit isn’t the only patent related Apple news today. Head below for a roundup of Apple’s court woes and wins from earlier today:

Samsung infringes key text-selection patent: Reuters reports that the International Trade Commission has handed down a preliminary decision ruling Samsung infringed on an Apple patent related to a text-selection feature. However, the courts also ruled Samsung didn’t infringe another patent related to detecting when other devices are plugged into a microphone jack. If the text-selection decision is upheld, the result could be a U.S. import ban on Galaxy, Transform, and Nexus devices:
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Apple CEO Tim Cook ordered to give deposition in anti-poaching lawsuit

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Tim-Cook-apologyApple CEO Tim Cook has been ordered by U.S. District Judge Lucy Koh in San Jose to give a deposition related to an ongoing private lawsuit that claims Apple, Google, and others entered “no-poach” agreements, as reported by Bloomberg. Cook isn’t the only executive named in yesterday’s order. Google Chairman Eric Schmidt will also be deposed on Feb. 20, as well as Intel Chief Executive Officer Paul Otellini later this month.

Koh told lawyers yesterday that Apple founder Steve Jobs was copied on e-mails at issue in the case, and that she found it “hard to believe” that Cook, as Apple’s chief operating officer at the time in question, wouldn’t have been consulted about such agreements.

The judge said she was disappointed that senior executives at the companies involved hadn’t been deposed before yesterday’s hearing over whether she should certify the case as a group lawsuit. The class would include different categories of employees whose incomes, their lawyers argue, were artificially reduced because of the collusion. Koh didn’t rule on class certification.
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