A nearly identical copy of the previous lawsuit...

Aug 17, 2007 14:38 GMT  ·  By

It might not seem possible, but Apple is being sued once again, over the same battery issues. Both Apple and AT&T are being accused of fraud for not informing their customers of the cost involved in maintaining a battery in working order for the duration of the handset's lifetime.

In what looks like a photocopy of the previous lawsuit in July, Sydney Leung claims that the iPhone battery will only last 300 charges before becoming completely depleted. Also, he contends that the battery will thus require replacing each and every year, which can only be done by Apple due to the way the battery is soldered inside the phone.

According to Leung the total cost of having the battery replaced, shipping and a loaner iPhone amounts to over $100, which would have to be paid every year, on top of the wait that can last three days. Furthermore the suit claims that neither Apple nor AT&T provided adequate warning as to the cost and time needed until the mandatory contract expired, until after the launch. As a representative of the affected iPhone buyers, Leung's party demands a jury trial and hopes to recoup the cost of replacing batteries as well as punitive damages for misleading the first wave of customers.

Much like in the case of the first such lawsuit, it is simply not physically possible to put the iPhone through 300 charge cycles if the device is properly used and charged. Furthermore, Apple clearly stated that the battery would not be user replaceable and published the technical specifications prior to the launch. Last but not least, Apple offers Apple Care for the iPhone, which covered the expenses of replacing the battery over the two-year duration of the contract.

Apple has not made any public statement about this new lawsuit, but contradicts the claims of Trujillo regarding the iPhone's battery life. The company's website clearly states that the lithium-ion pack maintains its full charging potential between 300 and 400 cycles and should still hold the majority of its charge for some time afterwards.