GT Advanced says it's only settling with Apple because it can't afford to sue
Beleaguered Apple supplier GT Advanced Technologies has suggested it would prefer to sue the iPhone maker rather than reach a settlement, but going to court would be too "challenging and expensive" for the company to pursue.
GT Advanced told bankruptcy court that its settlement proposal with Apple is a necessity because litigation wouldn't be a viable solution for the company, according to The Wall Street Journal. In its filings, GTAT continues to paint a picture where it is under the thumb of Apple, noting that "protracted litigation against one of the largest corporations in the world with over $100 billion of cash would be challenging and expensive."
GT Advanced told the court it believes it could win in court against Apple, citing "actions rooted in the Bankruptcy Code and breach of contract claims." It also accused Apple of engaging in "inequitable conduct" that "resulted in an injury to creditors or conferred an unfair advantage on Apple."
But while the officials and lawyers at GTAT contend that they have been wronged in some way, they also believe that the cost of fighting Apple in court would be too great to bear.
The language used by GT Advanced is far different from Apple, which implied last week that it may not be done with the former partner. In a statement issued last week, Apple said it would "continue evaluating GTAT's progress on larger sapphire boule development."
GT Advanced, however, has said it plans to exit the sapphire production business entirely. The proposed settlement with Apple, in lieu of a lawsuit, would see GTAT sell off more than 2,000 "Advanced Sapphire Furnaces" on the open market to repay $439 million over 4 years, interest-free.
The deal on the table would allow GT Advanced to be released from its exclusive agreement with Apple, and the company would retain "all production, ancillary and inventory assets located in Mesa."
In the end, the deal between GT Advanced and Apple lived for less than a year -- the original master development and supply agreement between the two parties was signed on Oct. 31, 2013. GTAT has already begun the process of shutting down its facility in Mesa, Ariz., and about 650 employees there have been laid off.
Apple currently uses scratch-resistant sapphire crystal to protect the fingerprint sensor found within the Touch ID home button on its iPhone and iPad lineups. Sapphire also covers and protects the rear iSight camera on the company's iPhones.
GTAT was apparently unable to meet Apple's demands for sapphire production, and the company filed for bankruptcy earlier this month, in a move that shocked observers and was even unexpected to Apple. Offering a slight glimpse into what the two parties had planned, Apple said it was working on an "ambitious" sapphire manufacturing process, but that the method is "not ready for production."
GT Advanced told bankruptcy court that its settlement proposal with Apple is a necessity because litigation wouldn't be a viable solution for the company, according to The Wall Street Journal. In its filings, GTAT continues to paint a picture where it is under the thumb of Apple, noting that "protracted litigation against one of the largest corporations in the world with over $100 billion of cash would be challenging and expensive."
GT Advanced told the court it believes it could win in court against Apple, citing "actions rooted in the Bankruptcy Code and breach of contract claims." It also accused Apple of engaging in "inequitable conduct" that "resulted in an injury to creditors or conferred an unfair advantage on Apple."
But while the officials and lawyers at GTAT contend that they have been wronged in some way, they also believe that the cost of fighting Apple in court would be too great to bear.
The language used by GT Advanced is far different from Apple, which implied last week that it may not be done with the former partner. In a statement issued last week, Apple said it would "continue evaluating GTAT's progress on larger sapphire boule development."
GT Advanced, however, has said it plans to exit the sapphire production business entirely. The proposed settlement with Apple, in lieu of a lawsuit, would see GTAT sell off more than 2,000 "Advanced Sapphire Furnaces" on the open market to repay $439 million over 4 years, interest-free.
The deal on the table would allow GT Advanced to be released from its exclusive agreement with Apple, and the company would retain "all production, ancillary and inventory assets located in Mesa."
In the end, the deal between GT Advanced and Apple lived for less than a year -- the original master development and supply agreement between the two parties was signed on Oct. 31, 2013. GTAT has already begun the process of shutting down its facility in Mesa, Ariz., and about 650 employees there have been laid off.
Apple currently uses scratch-resistant sapphire crystal to protect the fingerprint sensor found within the Touch ID home button on its iPhone and iPad lineups. Sapphire also covers and protects the rear iSight camera on the company's iPhones.
GTAT was apparently unable to meet Apple's demands for sapphire production, and the company filed for bankruptcy earlier this month, in a move that shocked observers and was even unexpected to Apple. Offering a slight glimpse into what the two parties had planned, Apple said it was working on an "ambitious" sapphire manufacturing process, but that the method is "not ready for production."
Comments
Them's fightin' words ...
Where did the ~400 million go in less than 1 year that necessitated chapter 11? Talk about your all time blunders.
I hope apple sues them so badly.
On the other side of the argument, Apple isn't taking interest back on the near half a billion in loans and has continued to suggest a willingness to work with GTAT to first protect jobs in AZ and then to sustain a partnership. Seems that Apple is acting in good faith while GTAT has no idea what it's doing.
Was there a blood sacrifice as well?
It sure sounds like GTAT mismanaged their business and they are trying to spin this like Apple is the evil puppet master. "Can't afford the legal battle" is likely just code for 'We really think we'd probably lose"
On the other side of the argument, Apple isn't taking interest back on the near half a billion in loans and has continued to suggest a willingness to work with GTAT to first protect jobs in AZ and then to sustain a partnership. Seems that Apple is acting in good faith while GTAT has no idea what it's doing.
GTAT needs to shut the **** up. Talk about a lack of class. Apple has not said one negative thing about them in public. Also, I very much doubt Apple "breached contract" as it has a fucking army of lawyers that would make damn sure that it hadn't. This comes off as trashy whining. It's so fucking easy to say you "would win" if you sued, yet don't plan to.
Yeah, something doesn't add up here. Apple, as you said woody, continues to say they want to see what happens, wants to try and preserve the jobs, isn't asking for interest, etc.
GTAT continues to try and paint Apple as the Evil Empire. I tell you what. If I "knew I'd win" then I wouldn't be settling.
Yup - 700 now out of work employees... or is that ex employees?
meanwhile the GTAT board walk away with millions having mysteriously decided to cash their shares in just before the bankruptcy filing was announced.... man that was some "fortunate" timing on their part...
Nah. That virginal blood sacrifice only happens on the fabled christos birth on December 25.
Unblocked just to say not me but I did block you for a complete lack of class and belligerency that mirrored GTAT's similar behaviour.
Blocked again.
What a bunch of crooks ... still trying to paint Apple as the villain, no doubt to prevent the stockholders from going after all the money they made selling the stock. "We would win, but we aren't willing to sacrifice the personal fortunes we made by selling stocks inflated when we signed the Apple deal."
... but going to court would be too "challenging and expensive" for the company to pursue.
Especially when you know you're going to lose in court anyway.
This company is run by a bunch of losers who now are acting like bullies. I think the FTC needs to investigate GT's management team and the fact that they dumped their stock prior to filing the bankruptcy. Jail time should be on the table.
I agree. Just a few weeks prior to the surprise "Bankruptcy notice"; the CEO had re-affirmed 4Q earnings. Quite a thing to unload tens of thousands of shared the day before Apple announces the iPhone 6 - and then re-affirm earnings; then postpone a web-cast at the last minute; then announce Bankruptcy the following business day.Let's not forget the Criminal Insider Trading by the top executive...
But either they were too confident their new designs would work, and that they could do sapphire production, which they hadn't done before, or, they were crossing their fingers that they could work it out. Either way, that's not a bet the company move that usually works out.