The justice presiding over the antimonopoly suit against Apple and AT&T denied the defendants movement to terminate the fount . The suit is seek $ 1.2 billion in damages because the iPhone is locked to AT&T ’s wireless connection .
Judge James Ware of the United States District Court for the Northern District of California ruled that the complainant in the case had show sufficient monopolization of the iPhone voice and information services aftermarket and therefore denied the motion to push aside .
Filed on behalf of Paul Holman in the State of Washington and Lucy Rivello in California , the lawsuit claims that Apple released iPhone software update 1.1.1 specifically to disable unlocked SIM placard . Applying the update would “ brick ” any earpiece that was unbolted or unauthorized by Apple and AT&T.
Apple did warn users a few days before the update was release that unlocking the phone could render it inoperable when succeeding software update were applied .
The judge also denied Apple ’s apparent movement to dismiss the figurer encroachment call . Apple argued the intrusion claim only applies when there is an uninvited trespass into a users computer . But even with the warning from Apple before go for the iPhone 1.1.1 update , the motor hotel said the plaintiff claims could not be conclusively dismissed .
Act . Magnuson - Moss requires warrantors to “ clearly and conspicuously disclose [ warranty terms ] in a single written document in simple and pronto understood language . ” Apple filed a move to have this dismissed as well , but the court rule that even though Apple admonish users of the risks of installing variation 1.1.1 , “ such a later disclaimer runs afoul of the exclusive text file rule . ”
One of Apple ’s motions was granted . A move to dismiss a charge of unjust and deceptive trade wind practice was award by the court .
Judge Ware also deny AT&T ’s motions to oblige arbitration , a motion to send away and a motion to stick around discovery .
