More on the substance of the dispute later (possibly much later -- it's a long report), but here's something interesting from today's Australia - Apples panel report:
6. Unsolicited letter from an Australian private entity
1.17 On 26 August 2008, the Panel received an unsolicited letter from an Australian private entity (Apple and Pear Australia Ltd, APAL).41 On 27 August, the Panel invited both Parties, as well as Third Parties, to express their views on how the Panel should deal with this unsolicited communication in their statements during the course of the first substantive meeting to be held on 2-3 September 2008.42 During the substantive meeting, the Parties expressed no objection to the Panel accepting the unsolicited letter.43 On 8 September, the Panel notified the Parties that it had decided to accept the unsolicited communication received from APAL, and would inform that entity accordingly. The Panel also told the Parties that it would include in the list of written questions after the first substantive meeting an invitation for the Parties to comment on the substance of that unsolicited communication.44 On 18 September, APAL was informed by the Panel that its communication had been accepted by the Panel, noting at the same time that this decision did not prejudge on the content of the communication.45
