Apple Tries Again to Shoot Down Siri Suit
August 21, 2013
“Plaintiffs’ new claim is that Apple represented that Siri would always work perfectly, ‘without a single hiccup,’ and would never fail to provide ‘adequate response(s)’ to any and all questions and commands,” wrote Apple attorney Gail Lees, a Gibson, Dunn & Crutcher partner. “But Apple never made any such representation.”
Last month, U.S. District Chief Judge Claudia Wilken dismissed the Siri suit with leave to amend because, she wrote, plaintiffs had ” failed to allege sufficiently the ‘how’ of the purported misrepresentations.” In her order last month, Wilken also noted that plaintiffs highlighted Apple’s marketing campaign promoting Siribut did not point to the particular ads that misled them.
Apple’s lawyers at Gibson Dunn argue that Wilken should dismiss the most recent complaint — In Re iPhone Consumer Litigation, 12-1127 — for the same reasons and without giving plaintiffs another chance to fine tune their suit. That’s because plaintiffs’ amended suit still doesn’t identify specific false or misleading claims about Siri, Apple insists.
The class of iPhone 4S consumers is represented by attorneys at Robbins Geller Rudman & Dowd; Gardy & Notis; and Barnow and Associates..
“The truth is that Siri did and does not work as represented by Apple in its marketing and advertisements for the iPhone 4S,” wrote Robert Rothman of Robbins Geller in the amended complaint filed Aug. 6, which again relied heavily on Apple’s global ad blitz.
One statement they pointed to was made by Apple executive Scott Forstall during a video promoting the iPhone 4S. “Siri is a whole new way of interacting with your iPhone, using just your voice,” said Forstall. “It’s like this amazing assistant that listens to you, understands you, can answer your questions and can even accomplish tasks for you.”
But Apple’s lawyers say the complaint is still too general and plaintiffs have not come up with a single specific statement that would have misled customers.
“The truth is that while Apple represented Siri as a ‘cool’ and ‘amazing’ new feature of iPhone 4S, it did not represent Siri as flawless,” Lees wrote in the motion to dismiss, which pointed to the burden Wilken “spelled out” at a prior hearing.
“It’s got to be X, Y and Z statement on this ad and that ad,” Wilken stated, according to Apple’s motion, ” … And those are the things that we relied on.”
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