John Paczkowski

Recent Posts by John Paczkowski


“The duration of the exclusive Apple-[AT&T] agreement was not ‘secret’ either. The [plaintiff] quotes a May 21, 2007 USA Today article–published over a month before the iPhone’s release–stating, ‘AT&T has exclusive U.S. distribution rights for five years-an eternity in the go-go cellphone world.

[T]here was widespread disclosure of [AT&T’s] five-year exclusivity and no suggestion by Apple or anyone else that iPhones would become unlocked after two years… Moreover, it is sheer speculation–and illogical–that failing to disclose the five-year exclusivity term would produce monopoly power…'”

Excerpts from an October 2008 court filing in which Apple acknowledges it gave AT&T a five-year exclusivity deal on the iPhone