Benjamin F. Johns , Chimicles & Tickellis LLP, Haverford, PA, Rosemary Farrales Luzon , Shepherd, Finkelman, Miller & Shah, LLP, San Diego, CA, for Plaintiffs Jeffrey Harper and Zachary Kummer.
United States District Court, N.D. California, San Francisco Division.
ORDER GRANTING MOTION TO DISMISS, WITHOUT LEAVE TO AMEND, AND DENYING MOTION TO STRIKE AS MOOT
RICHARD SEEBORG, District Judge.
I. INTRODUCTION
In 2006, defendant Sony Computer Entertainment America LLC introduced the PlayStation® 3 ("PS3") gaming system. Plaintiffs in this putative class action contend that Sony promoted the PS3 as having capabilities beyond those of prior game consoles, including specifically an "Other OS" feature, which...
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