Apple files suit dismissal

Apple has filed for the dismissal of an August lawsuit regarding the iPhone 3G network performance, according to Computerworld. The company has asked a federal judge to support the motion because the customers did not ask for refunds or device repairs. Jessica Smith, an Alabama resident, filed the original suit after her iPhone only connected to the 3G networks 25 percent of the time, and dropped calls excessively. Shortly after the product launch, Apple released software updates for the device that were designed to alleviate some of the connectivity issues.

Apple's attorneys defend the dismissal filing by highlighting that the "plaintiffs' amended complaint conspicuously omits one critical condition precedent to all three causes of action: an allegation that they contacted Apple to seek a repair of the alleged defects or a replacement iPhone 3G under Apple's one-year limited warranty." Alabama law and the iPhone warranty require that consumers seek a solution from the manufacturer or service provider before taking the issue to the courts.

Apple is currently involved with several lawsuits, recently failing to convince a Northern California judge to dismiss monopoly allegations that accuse the company of illegally closing the platform, limiting data and voice capabilities, and forcing customers to sign additional contract with AT&T if they want to use their iPhone past the duration of the initial two year agreement.

Apple is also fighting suits in New York and California, defending itself against a range of claims including violation of the Cartwright act, poor device quality, software problems, and performance that falls below advertisement suggestions. The iPhone isn't the only source of legal trouble, as two more unsettled battles have made Sherman Act monopoly accusations involving iTunes and the Mac computer platform.

by MacNN Staff