For at least three months, Manatt, Phelps & Phillips has been hinting that a new firm would soon be swooping in to take over its trademark suit against Apple on behalf of a small New York publisher that claims to have a mark for “iBooks.”
Manatt had no choice but to abandon the case, partner Thomas Morrison told the judge, because a third-party litigation funding company that had agreed to foot the bill was now asking the firm to take the rest of the case on contingency, and Manatt wasn’t willing to do that. Apple’s lawyers at Kirkland & Ellis, meanwhile, accused Manatt of stonewalling and predicted that no new counsel would agree to risk “throwing money away” on the case.
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