Apple, AT&T asks court to dismiss 3G speed lawsuit

IDG News Service — Thu, 04 Dec 2008 08:44:17 -0800

In separate claims filed with the court, Apple and AT&T have asked that the lawsuit brought against the companies by Avi Koschitzki be dismissed. The lawsuit claims slow 3G speeds and hairline cracks that develop in the iPhone casing.

In the original lawsuit, Koschitzki claims that Apple and AT&T misrepresented the speed of the iPhone on AT&T's 3G network. The suit claims insufficient infrastructure of the network and the fact that so many phones have been sold that it can't handle the volume of phones trying to use it.

In amending the lawsuit in November, Koschitzki further claimed that the iPhone develops hairline cracks in the housing. He charged the cracks in the iPhone casing constitute unfair practices under the New York Deceptive Practices Act.

However, Apple shot back saying the "Plaintiff alleges a scattershot of eight legal theories under New York law, none of which withstand scrutiny."

In its motion, AT&T is asking the court to force Koschitzki into arbitration, which the company said is part of the terms and conditions for its wireless service agreement.

AT&T is also asking the court to dismiss the Koschitzki case.

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Apple, AT&T asks court to dismiss 3G speed lawsuit