Apple Inc. won't face a lawsuit claiming it didn't immediately tell customers about the limited life of batteries for its iPhone or their $86 replacement cost, including delivery.
U.S. District Judge Matthew F. Kennelly in Chicago granted Apple's request that he dismiss the lawsuit on the evidence and the law without a trial -- a so-called summary judgment.
"Apple disclosed on the outside of the iPhone package that the 'battery has limited recharge cycles and may eventually need to be replaced by Apple service provider,' Kennelly wrote in his Sept. 23 opinion, quoting the packaging. Under the circumstances, no reasonable jury could find that deception occurred."
Jose Trujillo sued Apple in Illinois state court in July 2007, accusing the company of consumer fraud and seeking class- action, or group, status. Cupertino, California-based Apple had the case moved to federal court.
Trujillo's lawyer, James R. Rowe of Chicago, didn't return a phone call seeking comment yesterday.
I think it should be noted that this guy sued Apple BEFORE the iPhone had been out even a week with no reasonable test of the battery. My iPhone battery has lasted quite well. I use the internet frequently on my iPhone and it DOES DRAIN the battery but I expect it to. My iPhone still charges quickly and lasts just as long as day one - 15 months later.