Apple files to dismiss iPod antitrust case as plaintiffs are disqualified

There’s been a surprising new turn of events in the antitrust case against Apple now happening in Oakland, California. Amid questions about the credibility of the plaintiffs in the class action suit, Apple lawyers have filed to dismiss the case altogether.

The plaintiffs’ attorneys today withdrew the name of one of the two people who claimed harm, leaving just one New Jersey woman as the sole member of the class action.

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Apple lawyers yesterday raised serious doubts about whether some members of the class action even owned iPods during the period between 2006 and 2009 in which Apple is accused of antitrust violations. Apple’s lawyers made this discovery after researching the serial numbers on the devices in question.

And the remaining plaintiff, Mariana Rosen, may be disqualified too. Apple believes that Rosen too did not own an iPod during the period for which Apple is accused. From Apple lawyers’ filing to the court today: “Ms. Rosen’s trial testimony with regard to her alleged purchase of the two iPods in 2007 and 2008 was not credible.”

In the decade-old case, Apple is accused of taking steps to block iPod users from downloading songs from music services other than iTunes.

The case continued Friday with testimony from Apple’s head of iTunes software Jeff Robbin. Another videotaped deposition of Steve Jobs is expected to be shown in court later in the day.