Judge Ceases iPhone Battery Lawsuit

By Irene Collins
00:29, September 27th 2008
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Judge Ceases iPhone Battery Lawsuit

District judge Matthew F Kennelly in Chicago dismissed a lawsuit against Apple without it even going to trial. The lawsuit claimed Apple did not "immediately tell customers about the limited life of batteries for its iPhone or their $86 replacement cost, including delivery," according to Bloomberg.

The judge just read the packaging on the iPhone, which described the battery having "limited recharge cycles and may eventually need to be replaced by Apple service provider," agreeing that the information given inside the instructions is quite satisfying.

The lawsuit was launched by an Illinois resident in July 2007, when Jose Trujillo sued Apple accusing it of consumer fraud regarding the phone’s battery. Trujillo sought class action status for his case, where damages were estimated to easily surpass $17 million (the cost of approximately 200,000 4GB iPhone battery replacements) should he have been successful.

In court documents, Trujillo also said that "the battery enclosed in the iPhone can only be charged 300 times before it will be in need of replacement, necessitating a new battery annually."

AT&T Inc., the largest U.S. telephone company and the exclusive iPhone service provider, is still a defendant in the suit. No verdict has yet been given regarding the mobile company. However Judge Kennelly denied the company's motion to compel arbitration, saying that at the time of purchase Trujillo didn't have access to the terms of service documentation.

Less than three weeks after Trujillo filed his complaint, a San Francisco Bay Area resident charged Apple in a basically identical lawsuit, which is probable to be dismissed as well.

The next hearing will be on September 29.



Image Credit: techrepublic.com.com/2346-13636_11-93276-24.html
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