Lawyers in the $350 million class-action suit filed against Apple over DRM issues with iTunes withdrew one of their two plaintiffs in the case after it was discovered that the person did not purchase an iPod during the period in question. Lawyers accused Apple of locking the iPod to digital music purchased from iTunes from September 2006 through March 2009 and it appears that one of the plaintiffs did not purchase an Apple music player during that time frame.
Even claims made by the second plaintiff may not be solid. As reported by the New York Times, Apple's lawyers provided a receipt showing that the second plaintiff had purchased her iPod outside of the time window raised by the suit:
That leaves one named plaintiff. And Apple said in a letter filed with the court late Wednesday night that it checked the serial number of an iPod Touch bought by that woman, Mariana Rosen, and found that it was bought in July 2009, months after the period in question. The company on Friday filed a motion asking that the case be dismissed altogether on the grounds that the iPods purchased by the two plaintiffs were not bought during that time period.
The lead attorney for the plaintiff claims that there is a second iPod in Rosen's possession that was purchased in 2008.
The judge has not issued a ruling on Apple's motion yet.