Lawsuit over faulty iPhone 4 power button gets tossed

A lawsuit over the longevity of the sleep/wake switch on the iPhone 4 and 4S has been dismissed by a California judge.

Josh Lowensohn Former Senior Writer
Josh Lowensohn joined CNET in 2006 and now covers Apple. Before that, Josh wrote about everything from new Web start-ups, to remote-controlled robots that watch your house. Prior to joining CNET, Josh covered breaking video game news, as well as reviewing game software. His current console favorite is the Xbox 360.
Josh Lowensohn

A lawsuit seeking class action over alleged defects in the design of Apple's iPhone 4 and 4S has been dismissed.

That suit, filed against both Apple and AT&T back in May, accused Apple of designing a faulty power button on the iPhone 4 and 4S that would stop functioning after extended use, and could be hazardous as a result. The complaint also alleged that Apple knew about the issue, which would typically occur after the company's warranty expired, but not before a two-year mobile carrier contract was up.

In a ruling on Wednesday, US District Judge Gary Feess dismissed the case citing speculation, reports GigaOm. Additionally, Judge Feess said that Apple had "no duty to disclose the alleged power button defect," since it could occur after the warranty period expired.

Apple's kept its buttons -- including the sleep/wake button -- in the same area of the iPhone since the first-generation model. The lawsuit targeted the internal components, namely the ribbon that connected the button to other parts of the phone, as the culprit.

The case is separate from one filed against Apple by a Florida woman earlier this year over a similar issue.

Updated at 4:11 p.m. PT to correct that the case is separate from similar suit.