OAKLAND — A class of iPod buyers suing Apple Inc. seems likely to make it to trial intact, after an 11th-hour challenge from the company’s legal team fell flat. U.S. District Judge Yvonne Gonzalez Rogers said Tuesday she’s not willing to hack apart the plaintiffs’ class two weeks before antitrust claims over Apple’s iPods and iTunes music store are set to go to trial.
The class will proceed as is, with two individual plaintiffs representing both end users and iPod retailers, Gonzalez Rogers ruled tentatively from the bench in Oakland. Apple had attempted to decertify the retail portion of the class, arguing the named plaintiffs, both consumers, have different interests and damages calculations than those of resellers like Amazon, Best Buy, and Wal-Mart.
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