Apple Legal Nemesis Files “BatteryGate” Lawsuit…. Should Apple Be Scared?

Law firm Hagens Berman has filed a class action lawsuit against Apple over the fact that they “secretly” installed a “feature to intentionally slow down” the iPhone. Now Hagens Berman are the same guys who scored a $450 million victory over Apple when it came to the infamous iBooks price fixing case. Thus Apple may be a bit worried.

Another thing that may worry Apple is the fact that Hagens Berman have decided to make a different argument than those who have filed the other lawsuits against Apple. It seems to focus more on how Apple silently rolled out the feature without consent rather than the actual slowdown itself. While there are still broad claims of planned obsolesce, the suit relates those claims to the lack of information consumers were given regarding why their iPhones were performing slowly. It’s an interesting argument that I suspect that Apple’s iLawyers may have a tough time defending against. Thus should Apple be scared? I would argue that they should be.

I think that things just got a whole lot more interesting on the “BatteryGate” front.


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