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Apple files to dismiss DRM case because the people suing didn't buy the right iPods

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Apple's lawyers claim the plaintiffs did not purchase iPods during the eligible time period

Apple has notified the court that it plans to move for a dismissal in the class action lawsuit against its DRM practices, claiming the plaintiffs in the case did not purchase any iPods which are covered in the lawsuit.

Earlier in the week, Apple filed a motion bringing forth evidence that the two plaintiffs in the case, Marianna Rosen and Melanie (Tucker) Wilson, did not purchase any iPods in the time frame their lawsuit is targeting. To this, US District Judge Yvonne Gonzalez Rogers said to the jury, "I am concerned that I don’t have a plaintiff. That’s a problem."

"I am concerned that I don’t have a plaintiff. That’s a problem."

This morning, the plaintiffs’ lawyers withdrew Wilson from the case — the second plaintiff withdrawal since the case began — leaving only Rosen. The iPod that Rosen had in her possession in court on Wednesday fell outside the targeted timeframe. The plaintiffs' lawyers provided a serial number for another iPod owned by Rosen, but Apple's records show it not purchased by Rosen, but her then husband's law firm.

"Because Ms. Rosen had no purchase of any allegedly affected iPod in the class period, she has suffered no damages and thus lacks standing," Apple’s lawyers wrote in their motion notifying the court of its plans to seek a dismissal. The remaining plaintiff's lawyers are seeking $350 million in damages for nearly 8 million affected people.

Judge Rogers is giving the plaintiffs another day to file a response to Apple's motion, and says it will be reviewed in court on Monday, next week. That will determine whether the lawsuit proceeds now that there's only one plaintiff who might not have purchased a device within the proper timeframe.

Update December 5th, 12:01PM: Added Apple's court filings notifying the court of an upcoming motion to dismiss the case.