Apple files for dismissal of iPod case as plaintiffs' media players not covered by suit

AppleWashington, Dec 6 : Apple has reportedly filed to dismiss the billion-dollar lawsuit against the company after it presented evidence that the plaintiffs did not purchase iPods covered by the suit.

The Washington Post reported Apple lawyers presented evidence late Thursday that the two plaintiffs, Marianna Rosen and Melanie Wilson, didn't buy iPods covered by the suit, adding the suit specifically covered iPods bought between September 2006 and March 2009 that also ran software released with iTunes 7.0 or 7.4.

The revelation was made after Apple lawyers asked to see Rosen's iPod soon after her testimony and ran the serial number to confirm whether it actually qualified.

The receipt for the device reportedly showed that the iPod was purchased in July 2009, roughly three months after the class-action period.

The lawyers said that Wilson's iPod did not have the versions of software covered by the class-action suit. (ANI)