Jan 8 Apple Inc won the dismissal on
Thursday of a lawsuit accusing it of defrauding consumers by
selling MacBook laptop computers that contained "logic boards"
it knew were defective, and which routinely failed within two
U.S. District Judge William Alsup in San Francisco said the
plaintiffs, Uriel Marcus and Benedict Verceles, failed to show
that Apple made "affirmative misrepresentations," despite citing
online complaints and Apple marketing statements calling the
laptops "state of the art" or the "most advanced" on the market.
"Plaintiffs have failed to allege that Apple's logic boards
were unfit for their ordinary purposes or lacked a minimal level
of quality," Alsup wrote. "Both plaintiffs were able to
adequately use their computers for approximately 18 months and
two years, respectively."
Alsup gave the plaintiffs until Jan. 22 to amend their
lawsuit, which sought class-action status, against the
Cupertino, California-based company.
Omar Rosales, a lawyer for the plaintiffs, did not
immediately respond to requests for comment. Apple did not
immediately respond to a similar request.
The plaintiffs claimed that Apple's sale of MacBooks since
May 20, 2010, violated consumer protection laws in California
and Texas, where the lawsuit began last May before being moved.
They also contended that Apple Chief Executive Tim Cook was
told about the defective logic boards in 2011, but did nothing.
Logic boards contain computer circuitry and are sometimes
known as motherboards.
A separate and still pending lawsuit in California accuses
Apple of defrauding consumers by selling MacBook Pro laptops in
2011 that contained defective graphic cards, causing screen
distortions and system failures.
MacBooks are part of Apple's Mac line of desktop and laptop
computers. The company reported unit sales in that business of
18.91 million in its latest fiscal year.
The case is Marcus et al v. Apple Inc, U.S. District Court,
Northern District of California, No. 14-03824.
(Reporting by Jonathan Stempel in New York. Editing by Andre