Technology Litigation

Gisairo v. Lenovo (United States) Inc.: Case No. 0:19-cv-02727 (D. Minn.). and MacKay v. Lenovo (United States) Inc.: Case No. 1:20-cv-01149 (D.Del.). Migliaccio & Rathod LLP has brought a class action and is co-counsel on another class action suit against Lenovo for their Flex 5, also known as Yoga 520, laptops which exhibit screen flickering. Users of this model have reported that the flickering causes large portions of the screen to black out, making the 2-in-1 device unusable. Further, Lenovo customers have noticed that the screen flicker and subsequent blackout is triggered when the laptop is moved or when the screen is first opened. Being that it is a 2-in-1 device, meant to be transformed interchangeably from laptop to tablet, its central purpose is hampered by this defect caused by movement. For more information or if you have experienced this defect in your Flex 5, visit our blog here.

In Re: Intel Corp. CPU Marketing, Sales Practices and Products Liability Litigation: Case No. 3:18-md-02828 (D. Or.). In January 2018, it was publicly revealed for the first time that Defendant Intel’s processors (also known as chips or central processing units), have significant security vulnerabilities. A CPU is the “brain” in every computer and mobile device and processes all of the essential applications, including the handling of confidential information such as passwords and encryption keys. Maintaining the security of confidential information is a fundamental function of all CPUs. The attacks identified in 2018, dubbed “Meltdown,” “Spectre,” and “Foreshadow,” exploited defects in Intel’s CPU design. More specifically, when Intel’s processors engaged in speculative execution, the processors made information, which should have remained secure and inaccessible to unauthorized use, accessible in the processors’ unsecured cache subsystem. In so doing, Intel’s processors created a vast security vulnerability that could be accessed through a number of different exploits. The Defects that allow these attacks are the direct result of Intel’s knowing decision to sacrifice security in favor of speed in its ongoing competition with rivals such as AMD. For more information, visit our blog here.

McFadden et al. v. Microsoft CorporationCase No. 2:20-cv-00640 (W.D. Wash.). M&R has been appointed as co-lead interim class counsel in an action brought on behalf of a nationwide class arising from a hardware defect affecting Microsoft X-Box video game controllers. Consumers have experienced “Stick drift,” when their controller’s joystick registers movement when there is none and causes major difficulties in standard use of the Xbox One console. For more information and to see if you qualify to get involved, follow the link to our blog post here.

Williams et al. v. Apple, Inc.: This is a consumer class action alleging that Apple failed to disclose to Plaintiffs that Apple’s iPhone operating system (“iOS”) would materially degrade the operation of their iPhone 6, 6 Plus, 6s, 6s Plus, SE, 7, or 7 Plus models smartphones by reducing their processor speeds in certain circumstances, including when their non-user replaceable batteries lost storage capacity after multiple charge and discharge cycles. As detailed herein, Apple surreptitiously throttled the processor speeds of iPhones to mask the manifestation of sudden shutdowns that iPhones with degraded batteries were experiencing. Plaintiffs hereinafter refer to this surreptitious throttling – and its causes and impacts – as the  “throttling defect”. This case has been settled, but is pending court approval.

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