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Adrian Kingsley-Hughes

iPhone 4 lawsuit in the pipeline

By | June 29, 2010, 7:35am PDT

Summary: From the “it was bound to happen” files - a class-action lawsuit against Apple is brewing over the “death grip” problem that some iPhone 4 owners claim is plaguing their shiny new toy.

From the “it was bound to happen” files - a class-action lawsuit against Apple is brewing over the “death grip” problem that some iPhone 4 owners claim is plaguing their shiny new toy.

This from Gawker:

Kershaw, Cutter & Ratinoff, LLP is looking for people who “recently purchased the new iPhone and have experienced poor reception quality, dropped calls and weak signals.” That’s the same firm that filed a federal class action suit over deceptive “offer” ads in games like Mafia Wars and Farmville. In the case of the fourth-generation iPhone, released last week, the phone shows fewer reception bars if you hold it wrong; Apple has suggested gripping it different.

OK, I know that other handsets suffer a similar (albeit not as serious) a problem, and some have equated covering the antenna and getting a bad signal with covering the screen and not being able to see it, and many hold out hope that this issue is linked to the way the handset switches frequency and that the problem will be solved by a software update, but none of that was going to ward off a lawsuit. Why? Well, there are plenty of reasons:

  • Apple is a big fish with deep pockets.
  • This was a high-profile issue, with videos hitting the web the day before the official release.
  • Crappy reception is a pretty big downside to a phone.
  • The BS response from Apple/Steve Jobs that people were holding the phone the wrong way was boneheaded.
  • Apple’s overall silence on this matter leaves people with little to do other than turn to the law.
  • Apple decided to boast about sales before addressing this matter … adding fuel to the idea that this issue could be widespread.

It’s hard to know what Apple’s response might be. If this issue is fixable with a software update then I expect that Jobs is cracking the whip and that the programmers are burning the midnight oil to get a fix coded and out as soon as possible to minimize the blow out from this. However, if a fix isn’t that easy, then my guess is that Apple will start handing out those $30 rubber bumpers for free (a “$30 value!”) to those affected. I have a sneaking suspicion that Apple was aware of this antenna issue prior to launch and that those rubber bumpers (along with their ridiculous price tag) exist as a way for the company to solve this problem. What I suspect that Apple didn’t anticipate was that the issue would blow up as soon and as quickly as it did.

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Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology.

Disclosure

Adrian Kingsley-Hughes

All opinions expressed on Hardware 2.0 are those of Adrian Kingsley-Hughes. Every effort is made to ensure that the information posted is accurate. If you have any comments, queries or corrections, please contact Adrian via the email link here. Any possible conflicts of interest will be posted below. [Updated: February 23, 2010] - Adrian Kingsley-Hughes has no business relationships, affiliations, investments, or other actual/potential conflicts of interest relating to the content posted so far on this blog.

Biography

Adrian Kingsley-Hughes

Adrian Kingsley-Hughes is an internationally published technology author who has devoted over a decade to helping users get the most from technology -- whether that be by learning to program, building a PC from a pile of parts, or helping them get the most from their new MP3 player or digital camera.

Adrian has authored/co-authored technical books on a variety of topics, ranging from programming to building and maintaining PCs. His most recent books include "Build the Ultimate Custom PC", "Beginning Programming" and "The PC Doctor's Fix It Yourself Guide". He has also written training manuals that have been used by a number of Fortune 500 companies.

Adrian also runs a popular blog under the name The PC Doctor, where he covers a range of computer-related topics -- from security to repairing and upgrading.

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RE: iPhone 4 lawsuit in the pipeline
Cyberjester 6th Jul 2010
@OS Reload

Will not be able to make you feel good?

There's an excellent quote a person has in his sig over at Code Project, I'll see if I can find it.. And it's from Charlie Brooker apparently, at:

http://www.guardian.co.uk/commentisfree/2007/feb/05/comment.media





"If you truly believe you need to pick a mobile phone that "says something" about your personality, don't bother. You don't have a personality. A mental illness, maybe - but not a personality." - Charlie Brooker


I'm with him, if you buy a phone to be awesome, to be culturally meaningful, just something that says you, then you're really lacking not only a personality, but the ability to be culturally meaningful.

And yes, Adrian got it right. 'dies from shock at saying that'

Crappy reception really is a big downside to a PHONE. Not to an iPad or an iPod touch, but to a phone. A phone's primary purpose is to communicate, not playing mini games.

I remember the Ngage, and complaints against it were that it was too chunky to make calls with, you looked "weird". Well I've only ever seen my housemate make calls with an iPhone, out of everyone I've ever seen with one. And housemate only because I'm around them quite a lot of the time.

It's supposed to be a phone, it's advertised as a phone, if it doesn't allow you to use it as such then it's just blatant lies from Apple.

'Actually reads the article'

Wow, congratulations Adrian. That's a brilliant article, no exaggeration, no random hyperbole, just facts and a decent, logical conclusion.

I'ma take you off my hate list now. xD

:P
It depends on how the phone makes you feel. The iPhone is a cultural phenomenon and people buy it to feel good. If you just want to make calls then buy a Samsung feature phone, it's much more reliable (it will not be able to make you feel good though, and it's culturally meaningless, so... think well before deciding.)
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RE: iPhone 4 lawsuit in the pipeline
puffmanxx 29th Jun 2010
@OS Reload Why do you buy a phone? To make phone calls. You don't buy a phone that has poor reception and then sue the manufacturer because of that. You take the POS back to the store and get a refund or exchange it for an equally capably Android phone. This is very simple people. Retail has worked like this for decades.
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RE: iPhone 4 lawsuit in the pipeline
bobiroc 29th Jun 2010
@puffmanxx

But it is the way of the world today. Unhappy? Find someone to sue. While agree that it is a design flaw and Steve Job's dismissal of the problem and blaming their customers is BS I do not think it is grounds for a law suit.

I have an iPhone 4 and I am happy with it and I protect mine in a slim rubber/plastic case which solves two problems. 1. I do not touch the antennas and therefore get good reception (better than my 3G so far) and 2. It protects the phone from small drops and bumps and light liquid spills.
  • Flagged
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RE: iPhone 4 lawsuit in the pipeline
Droid101 29th Jun 2010
@puffmanxx Puff... I think that his post is what they call "Satire."
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RE: iPhone 4 lawsuit in the pipeline
babyboomer57 29th Jun 2010
@bobiroc It is not a design flaw, it is a FEATURE to sell lots of rubber baby buggy bumpers. (say that 10 times fast)

My take on the problem is I have noticed the same thing on the several phones I have owned over the years, some worse than others. My concern is the way Stevie J. dismissed the problem with a comment that to ME sounds like "You idiots, hold the phone right and it will work". I am sure some take it as a personal attack against their intellegence.
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RE: iPhone 4 lawsuit in the pipeline
mustang_z Updated - 29th Jun 2010
@puffmanxx

Yeah, I agree. I don't get it - the lawsuit. Apple is responsible for its design and function of the iPhone 4. The phone does function just fine. So, people are suing over design? Perhaps Apple should throw in the seemingly necessary $30 cover so the antenna will work flawlessly. That should satisfy any lawsuit, I would think.
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RE: iPhone 4 lawsuit in the pipeline
bobiroc Updated - 29th Jun 2010
@babyboomer57

"It is not a design flaw, it is a FEATURE to sell lots of rubber baby buggy bumpers. (say that 10 times fast)

My take on the problem is I have noticed the same thing on the several phones I have owned over the years, some worse than others. My concern is the way Stevie J. dismissed the problem with a comment that to ME sounds like "You idiots, hold the phone right and it will work". I am sure some take it as a personal attack against their intellegence."

I too think this problem is being blown way out of proportion but like you it is the way Apple or more specifically Steve Jobs responded to it. In fact that has been my biggest beef with apple over the years is Steve himself. To me he comes off as an pompous bully that seems to think it is perfectly fine to tell people what they want and/or need. Don't get me wrong I like my iPhone 4 and liked my 3G before that but I didn't purchase it because Steve-O said so and I do not believe it is the greatest phone in the world. If it has a flaw just stand up and say my bad and here is how we will fix it. But I do not think the flaw is as bad as it made out to be. I purposely removed my case and used my phone in my left hand all day today and had no issue except for in my basement office which no carrier gets good reception in.
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RE: iPhone 4 lawsuit in the pipeline
fatman65535 29th Jun 2010
@Droid101,

Don't blame him, this site has this tendency to strip out (sarcasm) tags. Lame coding on the web developer's part.
@puffmanxx It's for people who like to Jones on "I have ONE" and FLASH or Broadcast they have some kind of Elite Class or Status Symbol. Like wearing a Rollex or when drug dealers wear heavy GOLD CHAINS AROUND THEIR NECKS! haha...

But they all got DUPED into buying a device that BROADCASTS how truly LAME APPLE was in attempting to design around Nokia's and others Patents. Phone makers who've been in the business far longer with tried and true antenna technology.

When they presented an external dipole antenna design, put where you hold the device as the future, I almost died laughing. Obviously you are going to ground it out in the course of making a call causing extreme attenuation. So Apple proved they've got some real dimwits in their R&D department that totally blew chunks on this one.

People have no idea how bad tech industry engineers (with brains) view this flawed design. Now they're laughing their heads off at such an obvious asinine design flaw! ....external antenna that you grip? Right!!! lol... Come on... monkeys make more sense in their thinking.

Apple's saying, "Here hold these two wires while I turn the power on!" lol BTW... Now with the Yellow Blotches and Streaks on the screen, we know it's a LEMON PHONE destined for the history books!!! wink
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RE: iPhone 4 lawsuit in the pipeline
coolkams03@... Updated - 29th Jun 2010
@OS Reload
Yeah.. It is definitely a cultural phenomenon. What's wrong if it has reception problems? Only things that get affected is making calls and using internet. One can still use it as a clock, calender, etc. /s

EDIT: I intended sarcasm in my comment happy
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RE: iPhone 4 lawsuit in the pipeline
riveroad Updated - 29th Jun 2010
@coolkams03@...
I have a watch to tell me the time. I buy a phone to make calls and by the way, if your calendar, contacts & email are "online" or "connected" to an account that you can't access, you don't get much there either.
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RE: iPhone 4 lawsuit in the pipeline
Pete "athynz" Athens 29th Jun 2010
@OS Reload You anti iPhone peeps have been keeping this argument in reserve since the original 2G and trot it out when there's nothing else to complain about - personally call quality on my iPhone has been excellent... far better than the Samsung feature phones I had or the WM device I used prior.
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RE: iPhone 4 lawsuit in the pipeline
jack@... 29th Jun 2010
@athynz
what quality?!? i dumped my iPhone after a year of putting up with its crappy services from AT&T. i'm actually also pissed off at Apple for simply using AT&T as its only distributor in the U.S. monopolizing the phone market and providing crappy services.

Two companies I've dumped: AT&T and Apple
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RE: iPhone 4 lawsuit in the pipeline
ramnathshan_@... 29th Jun 2010
@OS Reload, If you have to buy a phone to feel good your a idiot, just as stupid as the iphone.
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RE: iPhone 4 lawsuit in the pipeline
ItsTheBottomLine 29th Jun 2010
@ramnathshan_@... LOL - AMEN!
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Don't hate.....
unclefixer@... 30th Jun 2010
@ramnathshan_@... Appreciate! happy
www.dfwsupergeek.com
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FYI...
ryanstrassburg 30th Jun 2010
@ramnathshan_@...
Those you speak of are called "iTards" and are considered "iTarded".
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RE: iPhone 4 lawsuit in the pipeline
ItsTheBottomLine 29th Jun 2010
@OS Reload If someone is buying a iPhone to make them "feel good", then they - LOL - have bigger issues than poor reception.
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`Bigger Issues`
fatman65535 Updated - 29th Jun 2010
@ItsTheBottomLine

Actually I think it is more a case of `inadequacy`. Or, as I have seen it expressed in spam email - `little "man" syndrome`.
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RE: iPhone 4 lawsuit in the pipeline
TheSickEmpire 29th Jun 2010
That's your response? People buy iPhones to make themselves feel good? I'm sure they do, but I doubt they'll feel very good about it when 90% of their calls drop because Apple R&D wasn't on the job.
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RE: iPhone 4 lawsuit in the pipeline
Cyberjester 6th Jul 2010
@OS Reload

Will not be able to make you feel good?

There's an excellent quote a person has in his sig over at Code Project, I'll see if I can find it.. And it's from Charlie Brooker apparently, at:

http://www.guardian.co.uk/commentisfree/2007/feb/05/comment.media





"If you truly believe you need to pick a mobile phone that "says something" about your personality, don't bother. You don't have a personality. A mental illness, maybe - but not a personality." - Charlie Brooker


I'm with him, if you buy a phone to be awesome, to be culturally meaningful, just something that says you, then you're really lacking not only a personality, but the ability to be culturally meaningful.

And yes, Adrian got it right. 'dies from shock at saying that'

Crappy reception really is a big downside to a PHONE. Not to an iPad or an iPod touch, but to a phone. A phone's primary purpose is to communicate, not playing mini games.

I remember the Ngage, and complaints against it were that it was too chunky to make calls with, you looked "weird". Well I've only ever seen my housemate make calls with an iPhone, out of everyone I've ever seen with one. And housemate only because I'm around them quite a lot of the time.

It's supposed to be a phone, it's advertised as a phone, if it doesn't allow you to use it as such then it's just blatant lies from Apple.

'Actually reads the article'

Wow, congratulations Adrian. That's a brilliant article, no exaggeration, no random hyperbole, just facts and a decent, logical conclusion.

I'ma take you off my hate list now. xD

:P
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Opportunity for others to make money
Grobbthy 29th Jun 2010
As they say, where there's an opportunity...
http://weftandwarp.wordpress.com/

Quite a funny joke, but no more absurd than what has been coming out of Apple this last week, no?
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@Grobbthy I think the lawsuit is also being pushed by the lawyers so they can make money. Hearing complaints on the news about a new product is like blood in the water for them.
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Incredible Merchandising Opportunity
fatman65535 29th Jun 2010
@Grobbthy

It looks like someone found a way to get rid of those unsold MJ gloves they were stuck with last year.
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RE: iPhone 4 lawsuit in the pipeline
richardw66 30th Jun 2010
@bfilipiak@...

The diamond studs probably make good signal boosters happy
When held by hand at non-optimal place by some people.
So no luck there for litigators; those non-Apple related cases of loosing signal are videodocumented (see YouTube)
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Denisrs, I agree with you.
BubbaJones_ Updated - 29th Jun 2010
@denisrs
A neighbor has a small Nokia, sorry cannot remember the model, he must hold it with his finger tips to use the phone. Holding it in his hand he does not get any bars.

That happens in my driveway and yes, we are both on AT&T. My iPhone shows five bars and, my wife's Nokia shows five bars as well.

So, some phones do have reception issues. As for the iPhone 4 I have read that it is a shorting in the antenna when both the WiFi and Cell antenna are touched. One reviewer stated it was solved by placing a small piece of cellophane tape along that edge; stops the shorting.
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@RicD_: while the shorting is solved, antenna's attenuation is affected even if there is no direct contact with antenna at all (like on all of those nokias, nexuses, droids I mentioned), so iPhone 4 may still show worsen signal after all tapes and cases.

This is because a hand, especially more sweaty (for less sweaty the trick of loosing signal bars does not work at all, like David Pogue of NYTimes mentioned -- he could not do a thing with his signal even shorting the antennas, now matter how hard he tried), may still affect electromagnetic field around the antenna and change its resonance frequency.

Steven Jobs wrote to one customer "wait and see" not for nothing. Most probably, antenna issue can indeed me at least somewhat corrected via software update, because there is lower level software that might adjust load directed on antenna, taking into consideration change of impedance which (a sweaty) hand can cause.

Lets see.
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RE: iPhone 4 lawsuit in the pipeline
Yax_to_the_Max 29th Jun 2010
@denisrs You should be happy that Apple is getting all this attention. Free publicity. It happens to every top DOG. Remember Toyota, when they were the second car manufacturer, all you hear is good things. BOOM...they are the number one car manufacturer...lawsuits, congressional hearing, and fines up the ying yang. When you become the top DOG, you become the target. That is what Apple is now. Don't be surprise to see more lawsuits in the future no matter how frivolous.
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I agree 100%
NonZealot 29th Jun 2010
@Yax_to_the_Max
MS has been put in the cross hairs for far less than this and the HOWLS of outrage on the Internet could be heard for months.

Suck it up Apple fanboys. This is the price of success and really, it isn't that bad of a price to pay, unless you have an unnatural emotional obsession with the multi-national, multi-billion $$$/year mega corporation that just happens to sell you some consumer goods.
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RE: iPhone 4 lawsuit in the pipeline
TheSickEmpire 29th Jun 2010
Just put my Droid in a firesafe and called it. Calls been going for 10 minutes now, hasn't dropped yet.
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RE: iPhone 4 lawsuit in the pipeline
babyboomer57 29th Jun 2010
@TheSickEmpire UMM, who is in the safe with it to answer it?

Just curious.
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RE: iPhone 4 lawsuit in the pipeline
richardw66 30th Jun 2010
@nonzealot

Hey, we agree.

Yes, it's the price of fame.

Yes of course it should be mentioned in the press.

I think Apple has a fix on the way as my other post suggests, but if they don't and it is affecting a good many users then this is real bad.

As I also said recently, I do not buy in first on any product, I also said in this case even I might buy one under the circumstances. We shall see soon if that would have been a bad call.

As I am not in the US, as it turns out I could not buy in before this came up. Now I get the benefit of seeing if it is resolved before I have to consider the purchase.

Apple is pretty good at being right at release, or at least one software update away from right with new devices, but even Apple can get it wrong - and looks like they did, now is it software (easily fixed) or hardware (big problem)???
iPhone 4, he advised to a customer to hold the phone **differently**, if the signal gets worse for him.

Many people could not reproduce the phenomenon no matter how their tried (see David Pogue post at NYTimes; you have to have sweaty hand), while others never had a clue about this "problem" until they read about on the Internet.

Yes, some such as one Gizmodo guy crashed his new iPhone 4 during his trip through New York exactly trying to hold the phone the way it would start to loose the signal.

So the problem is actually overhyped by tabloid/yellow journalists, especially if you consider that more than 1.7 million people already got the iPhone 4.
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The great invented controversy ...
RationalGuy 29th Jun 2010
It's amazing how what this has turned into, when a small handful of the 1.7 million iPhone users who were even affected by this glitch. So few people have had this problem that they have to watch "how-to" videos from tech bloggers deliberately causing the issue to even see what the fuss is about.
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RE: iPhone 4 lawsuit in the pipeline
mustang_z Updated - 29th Jun 2010
@denisrs

I think the strength of one's reception has a great effect on the phone's ability to grab a signal. There are places where you could probably completely cover the phone and still get good reception, but if you are in a fringe area, how one holds it could have a big affect on it.

I would think this to be common sense but apparently not...
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RE: iPhone 4 lawsuit in the pipeline
Roque Mocan 29th Jun 2010
@denisrs If you have sweaty hands, then you are not cool enough to be the owner of the iPhone 4
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It's The KoolAid...
Steve@... 29th Jun 2010
@denisrs
apple buyers, as a group, are the most in-denial people on Earth. It doesn't take much math for the equation to result in tight lips, regarding their holy grail toys.
So the claims of "so few people" don't mean anything, when they come from people who are exceptional liars, or people who are KoolAid blind.
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I wish I can sue
Linux Geek 29th Jun 2010
without buying the iCrap, just for the fun of it!
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RE: iPhone 4 lawsuit in the pipeline
Pete "athynz" Athens 29th Jun 2010
@Linux Geek I wish you would shut up just for the fun of it!
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RE: iPhone 4 lawsuit in the pipeline
Timpraetor 29th Jun 2010
@Linux Geek - there's your suit - I couldn't buy an iPhone because it got such bad press and I couldn't deal with the embarrassment that would entail.

Sounds like pain and suffering to me :-P
there does need to be actual damages for a lawsuit.. if you can take the phone back and get all your money back there are no damages.. and therefore no lawsuit, nothing to sue to get back... sorry blood sucking lawyers.. there's no money to be made here.. time move on to the next frivolous, malicious lawsuit...
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@doctorSpoc It's only 14 days, not 30. You may return the phone, no questions asked, and get a fresh phone out of the box. After that, it's an AppleCare issue.
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Hey Doctor....
Cylon Centurion 29th Jun 2010
@doctorSpoc

Still think this is a "small" problem?
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in 99.99% of class action lawsuits
arminw 29th Jun 2010
@doctorSpoc ...the lawyers make almost all the money.This is especially true for law firms like this one, while looking for "victims" on whose behalf they can sue someone like Apple who has a lot of money. The bloodsucking lawyers get the money, but the so-called victims get nearly nothing. Of course Apple already employs a lot of lawyers, so they might as well put them to good use fighting these bloodsucking ambulance chasing law firms.
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RE: iPhone 4 lawsuit in the pipeline
non-biased 1st Jul 2010
@doctorSpoc My thoughts exactly. Just another chance for the low life lawyers to try to get as much cash out of a company sitting on billions that they can. While there is no real reason for a lawsuit, let's say they did and won, what percentage do you think would actually go to the "clients". I would suspect less than half of the cost of the phone. Of course it's a ridiculous assumption to even think they would win.
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Apple "Grip Different"
pmcgrath@... 29th Jun 2010
New tag line. "Apple has suggested gripping it different."
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Innovative and Magical
Cylon Centurion 29th Jun 2010
@pmcgrath@...

happy
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RE: iPhone 4 lawsuit in the pipeline
ITOdeed 29th Jun 2010
Do the Apple sheep even know when they are being fleeced? It could be that they just don't know any better. Lighten up on them. happy
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RE: iPhone 4 lawsuit in the pipeline
matthew.jones@... 29th Jun 2010
OK I am not an Apple fan in the least, but come on. This is just ridiculous.

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