Apple files motion to dismiss iPod antitrust lawsuit after plaintiffs' stories called into question
The iPod class action suit that went to trial this week may not run its course. As detailed by the New York Times, Apple has called into question whether or not the two named plaintiffs at issue actually purchased iPods during the relevant time period of the case.
In a surprising turn on Friday, the lawyers suing Apple in the $350 million case withdrew one of the named plaintiffs after they concluded that she did not purchase an iPod between September 2006 and March 2009, the period in which Apple is accused of preventing music from competing services from playing on its iPods.
What's more, it's not entirely clear that the other named plaintiff, one Mariana Rosen, purchased an iPod during the relevant time period either. Further, the iPod purchased by Rosen may have actually been purchased by her husband's law firm.
As a result, the Times relays that Apple on Friday filed a motion seeking to have the case dismissed altogether. So what may end up happening here is a case that took nearly 10 years to get trial concluding with an unresolved whimper.
Of course, seeing as how this is a class action suit, there are scores of other iPod owners party to the suit. As a result, lawyers for the plaintiffs are reportedly trying to get permission to position such a member as named plaintiff.
With the Judge in the case reportedly noting, "I am concerned that I don't have a plaintiff", it'll be interesting to see how this plays out. A ruling on whether or not the case will be allowed to proceed may come as soon as this weekend.
