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US: Plaintiffs make potentially fatal mistake in Apple iPod suit

 |  December 7, 2014

A class action lawsuit accusing Apple of violating antitrust laws by denying its customers from playing non-iTunes or CD songs from playing on iPods is on the brink of implosion as one of two plaintiffs was dismissed in the suit.

Melanie Tucker was removed from the case after it was found that she did not purchase iPod products within the span covered by the case. The revelation came as the second plaintiff, Mariana Rosen, is still in question.

According to reports, the lawsuit covers purchases between 2006 and 2009; Tucker bought her iPods in 2010 and 2005. Apple is now arguing that Rosen similarly purchased her iPod in 2010.

”I am concerned that I don’t have a plaintiff,” Judge Yvonne Gonzales Rogers said. “That’s a problem.”

The class is seeking about $350 million in damages on claims Apple harmed competition by not allowing consumers to play non-iTunes or CD songs on their iPods.

Full content: Apple Insider

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