Tech giant Apple on Friday filed for dismissal of a long-standing antitrust lawsuit that alleged the company to have harmed digital music competitors, while overcharging the consumers for iPods.
Apple has reportedly presented strong evidence in the court in an attempt to dismiss the billion-dollar lawsuit filed against it, suggesting the plaintiffs did not bought iPods covered by the case.
According to the Washington Post, the lawyers representing Apple presented evidence on Thursday, showing the two plaintiffs, Melanie Wilson and Marianna Rosen, didn’t purchase iPods covered by the suit. They also added that the suit mainly covered iPods that were bought from September 2006 to March 2009, which also ran software that were released with iTunes 7.0 or 7.4.
“Because Ms. Rosen [made] no purchase of any allegedly affected iPod in the class period, she has suffered no damages and thus lacks standing under Article III of the United States Constitution,” the lawyers wrote in a court filing seeking an order granting its motion to dismiss.
The revelation in this regard was made after the Apple lawyers asked to see the iPod belonging to Rosen just after her testimony and ran the serial number in order to confirm whether it qualified.
The device’s receipt reportedly showed that the iPod was bought in July 2009, about three months after the class-action period. As far as Wilson’s iPod is concerned, the lawyers said that it did not carry the versions of software which is covered by the class-action suit.