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FOSS Patents: NCAA v Alston
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Antitrust Spotlight: Epic v Apple #3 | Alston & Bird
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Apple users and developers are seeking separate class status for a number of antitrust claims accusing the Cupertino company of a monopoly on the App Store.
The developers and consumers filed a motion on Tuesday asking the U.S. District Court for the Northern District of California to certify separate classes in several cases that are before Judge Yvonne Gonzalez Rogers.
Notably, Judge Gonzalez Rogers recently presided over the Epic Games v. Apple bench trial in May. The motion on Tuesday, in fact, references the trial several times including one exchange between Apple CEO Tim Cook and the judge.
During that exchange, Judge Gonzalez Rogers grilled Cook on a number of issues. In a line of questioning, she used Apple s 30% commission as an example of why the Cupertino tech giant doesn t face actual competition.
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On May 27, a Northern District of California judge dismissed a putative class action with leave to amend that concerned computer hard drives. In the suit, the consumer plaintiff alleges that Western Digital Corporation misled consumers about the true nature of four types of hard drives it made and sold. The summary order, written by Judge Yvonne Gonzalez Rogers, found that the amended complaint failed to sufficiently allege New York business law, fraudulent concealment, and unjust enrichment claims.
According to the March-filed complaint, Western Digital did not tell purchasers that its hard drives utilize “Shingle Magnetic Recording (SMR) technology, which results in slower performance and inferior stability compared to higher-performance Conventional Magnetic Recording (CMR) technology.” The plaintiff claims that previously, the hard drive manufacturer used CMR technology, but “surreptitiously switched to SMR technology in the last several y
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