No. 14-15000.

846 F.3d 313 (2017)

IN RE APPLE IPHONE ANTITRUST LITIGATION, Robert Pepper; Stephen H. Schwartz; Edward W. Hayter; Eric Terrell, Plaintiffs-Appellants, v. Apple Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2017.

Attorney(s) appearing for the Case

Mark C. Rifkin (argued), Alexander H. Schmidt , and Michael Liskow , Wolf Haldenstein Adler Freeman & Herz LLP, New York, New York; Francis M. Gregorek and Rachele R. Rickert , Wolf Haldenstein Adler Freeman & Herz LLP, San Diego, California; for Plaintiffs-Appellants.

Daniel M. Wall (argued), Christopher S. Yates , and Sadik Huseny , Latham & Watkins LLP, San Francisco, California; J. Scott Ballenger , Latham & Watkins LLP, Washington, D.C.; for Defendant-Appellee.

Before: A. Wallace Tashima and William A. Fletcher, Circuit Judges, and Robert W. Gettleman, District Judge.


In their current complaint, Plaintiffs allege that they purchased iPhones and iPhone applications ("apps") between 2007 and 2013, and that Apple has monopolized and attempted to monopolize the market for iPhone apps. In ruling on Apple's fourth motion to dismiss, the district court held that Plaintiffs...

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