Apple Device Litigation

In re Apple Inc. Device Performance Litigation
United States District Court for the Northern District of California
Case No. 18-md-02827

Case Overview

On January 17, 2018, Keller Rohrback L.L.P. filed a lawsuit in federal court in the Northern District of California against Apple, Inc. for the severe reduction in functioning of older version iPhones caused by functionally mandatory iOS updates.

In 2016, Apple announced that certain iPhones were affected by a battery problem that caused the devices to shut down for no apparent reason. Plaintiff alleges that Apple knew about the defect and failed to disclose it properly to customers. Instead, Apple issued an iOS update that actually reduced functionality and battery life, causing customers to purchase new iPhones.

Plaintiff is seeking damages for interference and loss of value to Class Members’ iPhones, purchases of new batteries, deprivation of use of iPhones, and phone replacements. Plaintiff also seeks relief requiring Apple to modify iOS so that it does not slow the performance of affected iPhones and to provide owners of affected iPhones with notice that the slow performance is caused by modifications to the iOS.

Case Status

On April 4, 2018, the Judicial Panel on Multidistrict Litigation ordered transfer of pending federal cases to the Northern District of California. The Honorable Edward J. Davila will preside over coordinated pretrial proceedings.

On May 15, 2018, Judge Davila granted the motions to consolidate the actions for pretrial purposes and appointed Karin B. Swope of Keller Rohrback L.L.P. to the Plaintiffs’ Executive Committee as co-chair of the Offensive Discovery and ESI Coordination Committee.

The parties are currently engaged in discovery, the process of obtaining evidence to support or rebut the claims in the case. The process began in earnest in the Summer of 2018 with both sides exchanging requests for production and interrogatories. In June 2019 the parties began taking witness depositions including Apple employees and the named Plaintiffs. The discovery process is expected to conclude in 2020.

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