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SOMERS v. APPLE, INC.

No. 11-16896.

729 F.3d 953 (2013)

Stacie SOMERS, on Behalf of Herself and All others Similarly Situated, Plaintiff-Appellant, v. APPLE, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 3, 2013.

Attorney(s) appearing for the Case

Craig Briskin (argued) and Steven A. Skalet , Mehri & Skalet, PLLC, Washington, D.C.; Helen I. Zeldes , Alreen Haeggquist , and Aaron M. Olsen , Zeldes & Haeggquist, LLP, San Diego, CA, for Plaintiff-Appellant.

Craig E. Stewart (argued), Robert A. Mittelstaedt , and David C. Kiernan , Jones Day, San Francisco, CA, for Defendant-Appellee.

Before: DOROTHY W. NELSON, STEPHEN REINHARDT, and MILAN D. SMITH, JR., Circuit Judges.

M. SMITH, Circuit Judge:

Plaintiff-Appellant Stacie Somers (Somers) brought a putative class action against Defendant-Appellee Apple, Inc. (Apple), alleging federal and state antitrust claims. Somers seeks to represent a class of indirect purchasers of the iPod, Apple's portable digital media player (PDMP), and a class of direct purchasers of music downloaded from Apple's iTunes Music Store (iTS). She alleges that Apple encoded iTS music files with its proprietary...

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