Federal Judge Denies Amazon’s Motion to Dismiss in Antitrust Lawsuit

In a 26-page order today, Chief U.S. District Judge John Woodcock Jr.
had denied Amazon.com’s motion to dismiss.
You can read the entire order (a pdf file) HERE (Link to PDF).
Denial of the motion to dismiss means the case may proceed. Among other steps, we anticipate beginning discovery (where we are able to request documents from Amazon) shortly. Although there is still a long way to go, surviving the motion to dismiss is an important first step.
Questions regarding this development may be directed to:
PLAINTIFF – BOOKLOCKER.COM, INC.
Angela Hoy – angela@booklocker.com
Richard Hoy – richard@booklocker.com
ATTORNEY FOR PLAINTIFF – IZARD NOBEL LLP
Seth Klein – sklein@izardnobel.com

In a 26-page order today, Chief U.S. District Judge John Woodcock Jr. has denied Amazon.com’s motion to dismiss.

You can read the entire order (a pdf file) HERE.

Denial of the motion to dismiss means the case may proceed. Among other steps, we anticipate beginning discovery (where we are able to request documents from Amazon) shortly. Although there is still a long way to go, surviving the motion to dismiss is an important first step.

Questions regarding this development may be directed to:

PLAINTIFF – BOOKLOCKER.COM, INC.
Angela Hoy – angela@booklocker.com
Richard Hoy – richard@booklocker.com

ATTORNEY FOR PLAINTIFF – IZARD NOBEL LLP
Seth Klein – sklein@izardnobel.com

UPDATE – List of Articles:

ONLINE RETAIL: Amazon headed to court, judge rules
Associated Press

Court Denies Amazon’s Motion to Dismiss BookLocker Antitrust Lawsuit
Publishers Weekly

Amazon – Booksurge Antitrust Lawsuit: Motion to Dismiss Refused
Mick Rooney

Amazon/BookSurge Issues Still in Court
Nina Amir

Antitrust suit against Amazon to continue
TeleRead

Booklocker v. Amazon Continues
About Freelance Writing

Money Grafs from the Booklocker Ruling
Munsey’s Technosnarl

Entrepreneur takes on Amazon in court – wins first skirmish
OnText

Amazon BookSurge Anti-Trust Lawsuit Can Proceed
Victoria Strauss

Amazon fails to end lawsuit over print-on-demand books
TechFlash

Court Denies Amazon’s Motion To Dismiss Booklocker Antitrust Lawsuit
Booktrade.info

Bangor bookseller proceeds with Amazon lawsuit
Mainebiz

Judge Denies Amazon’s Motion to Dismiss Antirust Case
Graphic Arts Online

Booklocker leads small publishers in battle against Amazon
The St. Louis Publishers Association (SPLA) Blog

Judge says suit against Amazon can proceed
THE NEWS TRIBUNE

Amazon Fails To Get Tying Class Action Dismissed
law360.com

Amazon fails to end lawsuit over print-on-demand books
Puget Sound Business Journal

ONLINE RETAIL: Amazon headed to court, judge rules
THE OLYMPIAN

Amazon Loses Round 1 of Print-On Demand Book Lawsuit
InfoBlog

Update On Status Of Amazon Antitrust Lawsuit

Just a quick update about the status of the lawsuit.  Amazon has retained Gibson, Dunn & Crutcher, LLP as their law firm.  Under the current scheduling order entered by the court, Amazon will be filing a motion to dismiss the case by June 30th. A motion to dismiss is basically Amazon’s legal argument as to why, even assuming the facts alleged in our complaint are true, those allegations do not constitute a violation of antitrust laws.  BookLocker will then have until July 31st to respond with an opposition brief. In the BookLocker opposition, we will detail all the reasons why we believe Amazon’s argument is wrong. Finally, Amazon will have the opportunity to file a reply brief on August 21st, after which the judge will make a determination as to whose argument is correct as a legal matter, and thus if the case can proceed.

News Articles and Commentary

The commentary and news articles are starting to roll in…

Commentary:

The Law Of The Publishing Jungle, FonerBooks.com

Amazon Accused of Anti-Trust Violations “Tied” to Print-On-Demand Terms, O’Reilly Radar

Amazon defendant in class action lawsuit brought by BookLocker, Valleywag

Amazon is Getting Sued, Mental Health for Writers

BookLocker Files Class Action Lawsuit Against Amazon.com, Easy Author Websites

Amazon Booksurge AntiTrust Lawsuit, The Pen And The Spindle

News Articles:

Maine publisher sues Amazon.com, cites antitrust laws, Associated Press

POD Publisher Files Class Action Lawsuit Against Amazon, toc.oreilly.com

Bangor publisher suing Amazon in anti-trust case, Bangor Daily News

BookLocker Files Class Action Suit Against Amazon, Publishers Lunch

Class action suit filed against Amazon over POD bullying – with BookLocker as the primary plaintiff, Teleread.org

POD publisher files Amazon class action, TheBookseller.com

Amazon tyranny challenged in court, Indiebookman.com

Amazon faces class action suit over print on demand demands – printers miffed, The Red Ferret Journal

Antitrust Class Action Claims Amazon Abuses Market Power To Squash Print-On-Demand Rivals, Courthouse News Service

POD publisher files suit against Amazon in epic battle over on-demand contract, Printweek.com

Booklocker.com v Amazon.com, Mediabistro