A long running class-action antitrust lawsuit against Apple hangs in the balance after attorneys for the tech titan were able to prove that a class representative's previously undisclosed iPod touch was purchased three months after the class period for the case had ended.
On Thursday, after the jury was dismissed for the day following testimony by some of Apple's highest ranking executives, U.S. District Judge Yvonne Gonzalez Rogers addressed an issue raised by Apple's attorneys that left her "concerned" that the decade-long case may not have any plaintiffs. The issue? Apple's lawyers were able to prove that one of the class representatives in the case didn't purchase her iPod during the class period that runs from September 2006 to March 2009.
The plaintiffs only have two class representatives: Marianna Rosen and Melanie Tucker. Ms. Rosen took the stand on Wednesday and produced for the first time an iPod touch that she stated was purchased in December 2008. Following her testimony, Apple's attorneys were granted access to Ms. Rosen's iPod in order to identify the serial number, which then could be used to verify the exact date of purchase. Apple's attorneys discovered that the plaintiff's iPod touch was actually purchased on July 10, 2009, more than three months after the class period for the case ended.