Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 1 of 52
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`BURSOR & FISHER, P.A.
`L. Timothy Fisher (State Bar No. 191626)
`Sean L. Litteral (State Bar No. 331985)
`1990 North California Blvd., Suite 940
`Walnut Creek, CA 94596
`Telephone: (925) 300-4455
`Facsimile: (925) 407-2700
`Email: ltfisher@bursor.com
` slitteral@bursor.com
`
`
`BURSOR & FISHER, P.A.
`Joseph I. Marchese (pro hac vice forthcoming)
`888 Seventh Avenue
`New York, NY 10019
`Telephone: (646) 837-7150
`Facsimile: (212) 989-9163
`Email: jmarchese@bursor.com
`
`Attorneys for Plaintiffs
`
`
`
`Plaintiffs,
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`CHRISTOPHER BRYAN and HERIBERTO
`VALIENTE, individually and on behalf of all
`others similarly situated,
`
`
`
`
`
`APPLE INC.,
`
` Defendant.
`
`
`
`v.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`
` Case No. 4:22-cv-00845-HSG
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`
`FIRST AMENDED CLASS ACTION
`COMPLAINT
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`JURY TRIAL DEMANDED
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 2 of 52
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`Plaintiffs Christopher Bryan and Heriberto Valiente (“Plaintiffs”) bring this action on
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`behalf of themselves and all others similarly situated against Defendant Apple Inc. (“Apple” or
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`“Defendant”) for the manufacture, marketing, detailing, distribution, and sale of the defective
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`Apple iPad Mini (6th Generation) (“iPad Mini,” “iPad Mini 6,” or “iPad”). Plaintiffs make the
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`following allegations pursuant to the investigation of counsel and based upon information and
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`belief, except as to the allegations specifically pertaining to themselves, which are based on
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`personal knowledge.
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`NATURE OF THE ACTION
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`1.
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`This action is brought on behalf of purchasers of Apple’s iPad Mini 6. Apple
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`markets and sells the iPad Mini 6 as a premium tablet, debuting on September 14, 2021, with sales
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`beginning on September 24, 2021, at a weighty price tag of $499 for the 64 gigabyte (“GB”)
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`version and $649 for the 256GB version. But the iPad Mini is defective, as the liquid crystal
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`display (“LCD”) is prone to “screen tearing which can make images or text on one side of the
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`screen appear to be tilted at a downward angle because of incongruity in refresh rates,” causing
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`“one side of the screen [to] look[] as if it’s responding faster than the other side, which creates [a]
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`visual disturbance” called “jelly scrolling” that Apple has acknowledged1 (the “Jelly Scroll Defect”
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`or “Defect”), and which manifests in a manner substantially similar to the following image:2
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`1 Corina Garcia, “Apple Responds to Controversial ‘Jelly Scrolling’[],” Front Page Tech (Sept. 28,
`2021), https://www.frontpagetech.com/2021/09/28/apple-responds-to-controversial-jelly-scrolling-
`on-ipad-mini-6-says-its-normal/ (last accessed Apr. 19, 2022).
`2 Shujja Imran, “Wobbly Jelly Scrolling on Your iPad mini 6 Screen? Apple Says It’s Normal,”
`MakeUseOf (Oct. 7, 2021), https://tinyurl.com/4fwt2fw3 (last accessed Apr. 19, 2022).
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 3 of 52
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`2.
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`As the photograph on the preceding page reveals, the visual disturbance goes to the
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`core functionality of the Device as the display is a users’ principal means of interacting with the
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`Device. Due to the Defect, the iPad Mini bends, warps, blurs and obscures text and images
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`rendering the Device unusable. Worse yet, users have reported motion sickness, nausea, vomiting,
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`and migraines when using the Device due to the Defect.3 Although Apple itself publicly
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`acknowledged the problem to niche tech publications just four days after the iPad Mini’s release,4
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`Apple has continued to sell the iPad Mini and has refused to fix the problem or to amend its
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`marketing materials to reflect the existence of the Defect. Instead, Apple has insisted, against the
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`weight of evidence, that the Defect is normal.
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`3.
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`This is even though thousands of users have reported the problem directly to Apple
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`and on Apple sponsored forums. This onslaught of negative reviews prompted computer engineers
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`with the tech journal, iFixit, to complete a “teardown” of the Device to learn the source of the
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`Defect.5 As the photograph below demonstrates, the computer engineers discovered that the iPad
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`Mini has a controller board that is located in a vertical orientation on the left-hand side of the
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`Device.
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`3 “Class Action Lawsuit Against Apple for Jelly Scrolling,” MacRumors (Oct. 2, 2021),
`https://tinyurl.com/4e6tzzc6 (last accessed Apr. 19, 2022).
`4 Malcolm Owen, “Apple dismisses iPad mini ‘jelly scroll’ issue as normal behavior,” Apple
`Insider (Sept. 28, 2021), https://tinyurl.com/2p8dnnvb (last accessed Apr. 19, 2022).
`5 Juli Clover, “iFixit Explains iPad Mini ‘Jelly Scroll’ Issue in Teardown Video,” MacRumors
`(Sept. 29, 2021), https://tinyurl.com/2xvm7ytc (last accessed Apr. 19, 2022).
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 4 of 52
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`4.
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`By contrast, the iPad Air, which does not exhibit the same issue, has a controller
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`board located at the top of the tablet. According to the engineer responsible for the teardown:
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`When you scroll parallel to the direction the display is refreshing, the
`display still isn’t refreshing all at once, but the effect of the refresh is
`less noticeable because it’s not splitting the text.
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`This is why you probably don’t notice this on other displays. The
`jelly scroll is usually masked because the display is refreshing (or
`scanning) parallel to whichever way the scrolling motion is taking
`place. So a computer monitor will refresh vertically in its landscape
`orientation, and a smartphone will refresh vertically in its portrait
`orientation.
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`It just so happens that this iPad [M]ini display is refreshing
`horizontally when you hold it in its vertical orientation, which is
`the way you typically hold an iPad to scroll.[6]
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`5.
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`Despite the mountain of pre-discovery evidence of the Defect and Apple’s
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`knowledge of the issue stemming from (1) its own quality control and internal testing; (2) in-store
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`display models that exhibit the Defect free of user interference; (3) repairs data and internal
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`reporting mechanisms; (4) complaints made directly to Apple in person, over the phone, and via
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`online submissions, (5) complaints posted online across the internet, including on the websites of
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`major retailers, and on its own forums; (6) online reputation management; (7) articles written by
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`tech journals; (8) the iFixit tear down demonstrating the Defect; and (9) Apple’s statements
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`acknowledging the Defect, Apple has refused to issue a recall or otherwise fix the issue. Instead,
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`as one journalist has written, “iPad mini 6 users appear to have been relegated to a weird state of
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`helplessness at this moment where neither hardware nor software support for the issue appears to
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`be in the pipeline.”7
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`6.
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`Accordingly, Plaintiffs bring their claims against Apple individually and on behalf
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`of a class of all others similarly situated for (1) violation of California’s Unfair Competition Law,
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`Cal. Bus. & Prof. Code § 17200, et seq.; (2) violation of the Consumers Legal Remedies Act, Cal.
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`6 Id. (emphasis added).
`7 Nadeem Sarwar, “Don’t Expect Apple to Fix iPad Mini 6’s Jelly Scrolling Issue,” Screen Rant
`(Sept. 29, 2021), https://screenrant.com/ipad-mini-6-jelly-scroll-not-issue-problem-apple/ (last
`accessed Apr. 19, 2022).
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 5 of 52
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`Civ. Code § 1750, et seq.; (3) violation of California’s False Advertising Law, Cal. Bus. & Prof.
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`Code § 17500, et seq.; (4) violation of the Colorado Consumer Protection Act, Colo. Rev. Stat. § 6-
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`1-101, et seq.; (5) violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat.
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`§ 501.201, et seq.; (6) Fraud; (7) Fraudulent Omission or Concealment; (8) Fraudulent
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`Misrepresentation; (9) Negligent Misrepresentation; (10) Quasi-Contract / Unjust Enrichment; and
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`(11) Fraudulent Inducement.
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`PARTIES
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`7.
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`Plaintiff Christopher Bryan is, and at all times relevant to this action has been, a
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`citizen of Colorado, residing in Highland Ranch, Colorado. In or around September 2021, Plaintiff
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`Bryan purchased his iPad Mini 6 directly from Apple’s online store, Apple.com. Plaintiff Bryan’s
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`device was shipped by Apple to the Apple store located in Park Meadows, Colorado. This is the
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`location where Plaintiff received his Device. Numerous of the materials Plaintiff reviewed and
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`relied on prior to his purchase are identified below and include the labeling, packaging, and
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`marketing materials of the iPad Mini 6, including statements by Apple on Apple’s website as also
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`identified below such as Apple’s representations concerning the iPad as a tablet; that the tablet
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`could be used for “graphically rich games to pro apps,” the iPad’s use “from creativity to
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`productivity,” including the use of “productivity” apps like the Microsoft Office application,
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`DocuSign, PDF Expert, Box, and Numbers; the use of the tablet for “working, reading, exercising,
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`playing games;” the iPad’s “complete redesign,” with features such as an “all-screen design,” and
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`the iPad’s “edge-to-edge screen,” enabling the Device to “mak[e] text sharp,” amongst the others
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`identified below.
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`8.
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`In reviewing these materials, Plaintiff Bryan understood Apple’s claims to be
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`representations and warranties by Apple that the Device’s display would come substantially free of
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`defects and that he could use the Device during his normal course of use. Plaintiff Bryan
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`reasonably relied on these representations and warranties in deciding to purchase the Device, and
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`these representations and warranties were part of the basis of the bargain in that he would not have
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`purchased it on the same terms if the true facts had been known. But Plaintiff Bryan’s Device did
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 6 of 52
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`not operate as marketed. Instead, Plaintiff Bryan’s Device suffered from the Jelly Scroll Defect,
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`rendering the display inoperable for its principal and intended uses, including due to warped, bent
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`or obscured text and images. Consequently, Plaintiff Bryan has ceased the use of his Device as the
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`Defect bends and warps the text, causing him to feel nausea and headaches. As a direct result of
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`Apple’s material misrepresentations and omissions, Plaintiff Bryan suffered, and continues to
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`suffer, economic injuries. Despite these injuries, Plaintiff Bryan remains very much interested in
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`purchasing from Apple as he believes that Apple is a reputable company, appreciates Apple’s
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`commitment to sustainability,8 and values Apple’s storied commitment to innovation.9 Plaintiff
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`Bryan looks forward to purchasing from Apple in the future and hopes that he can be assured that
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`Apple’s representations about its products are accurate.
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`9.
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`Plaintiff Heriberto Valiente is, and at all times relevant to this action has been, a
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`citizen of Florida, residing in Miami, Florida. In or around September 2021, Plaintiff Valiente
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`purchased his iPad Mini 6 directly from a brick-and-mortar Apple store located in Miami, Florida.
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`Numerous of the materials Plaintiff reviewed and relied on prior to his purchase are identified
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`below and include the labeling, packaging, and marketing materials of the iPad Mini 6, including
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`statements by Apple on Apple’s website as also identified below such as Apple’s representations
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`concerning the iPad as a tablet; that the tablet could be used for “graphically rich games to pro
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`apps,” the iPad’s use “from creativity to productivity,” including the use of “productivity” apps like
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`the Microsoft Office application, DocuSign, PDF Expert, Box, and Numbers; the use of the tablet
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`for “working, reading, exercising, playing games;” the iPad’s “complete redesign,” with features
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`such as an “all-screen design,” and the iPad’s “edge-to-edge screen,” enabling the Device to
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`“mak[e] text sharp,” amongst the others identified below.
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`10.
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`In reviewing these materials, Plaintiff Valiente understood Apple’s claims to be
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`representations and warranties by Apple that the Device’s display would come substantially free of
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`8 Lisa Jackson, Apple’s Vice President of Environment, Policy and Social Initiatives, Apple,
`https://www.apple.com/environment/ (“We don’t pretend to have all the answers. What we do
`have are goals to strive for, and a global community of businesses committed to doing the right
`thing by people and the planet.”) (last accessed Apr. 19, 2022).
`9 Steven Levy, “Apple Inc.,’ Britannica, https://www.britannica.com/topic/Apple-Inc (outlining
`Apple’s historic innovations) (last accessed Apr. 19, 2022).
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 7 of 52
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`defects and that he could use the Device during his normal course of use. Plaintiff Valiente
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`reasonably relied on these representations and warranties in deciding to purchase the Device, and
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`these representations and warranties were part of the basis of the bargain in that he would not have
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`purchased it on the same terms if the true facts had been known. But Plaintiff Valiente’s Device
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`did not operate as marketed. Instead, Plaintiff Valiente’s Device suffered from the Jelly Scroll
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`Defect, rendering the display inoperable for its principal and intended uses, including due to
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`warped, bent or obscured text and images. Consequently, Plaintiff Valiente has ceased the use of
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`his Device as the Defect bends and warps the text, causing him to feel nausea and headaches. As a
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`direct result of Apple’s material misrepresentations and omissions, Plaintiff Valiente suffered, and
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`continues to suffer, economic injuries. Despite these injuries, Plaintiff Valiente remains very much
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`interested in purchasing from Apple as he believes that Apple is a reputable company, appreciates
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`Apple’s commitment to sustainability, and values Apple’s storied commitment to innovation.
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`Plaintiff Valiente looks forward to purchasing from Apple in the future and hopes that he can be
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`assured that Apple’s representations about its products are accurate.
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`11.
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`Defendant Apple, Inc. is incorporated under the laws of the State of California and
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`maintains its principal place of business in Cupertino, California. In August 2020, Apple became
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`the first publicly traded U.S. company to surpass a market capitalization of $2 trillion10 and has
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`gone on to become the world’s first $3 trillion company in January 2022.11 Apple is responsible
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`for the manufacture, marketing, detailing, distribution, and sale of the defective Apple iPad Mini
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`(6th Generation).
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`JURISDICTION AND VENUE
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`12.
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` This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(d)(2)(A)
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`because this case is a class action where the aggregate claims of all members of the proposed class
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`are in excess of $5,000,000.00, exclusive of interest and costs, and Plaintiff, as well as most
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`10 Sergei Klebnikov, “Apple Becomes First U.S. Company Worth More Than $2 Trillion,” Forbes
`(Aug. 19, 2020), https://www.forbes.com/sites/sergeiklebnikov/2020/08/19/apple-becomes-first-us-
`company-worth-more-than-2-trillion/?sh=56d534a66e6e (last accessed Apr. 19, 2022).
`11 Paul R. La Monica, “Apple has become the world’s first $3 trillion company,” CNN Business
`(Jan. 3, 2022), https://www.cnn.com/2022/01/03/investing/apple-three-trillion-dollar-market-
`cap/index.html (last accessed Apr. 19, 2022).
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 8 of 52
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`members of the proposed class, are citizens of states different from Defendant. This Court also has
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`supplemental jurisdiction over state law claims pursuant to 28 U.S.C. § 1367.
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`13.
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`This Court has personal jurisdiction over Apple because its principal place of
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`business is within this District and it has sufficient minimum contacts in California to render the
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`exercise of jurisdiction by this Court proper and necessary.
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`14.
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`Venue is proper in this District under 28 U.S.C. § 1391(b) because a substantial part
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`of the events or omission giving rise to Plaintiffs’ claims occurred in this District.
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`15.
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`The practices described herein were conceived, reviewed, approved, and otherwise
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`controlled from Apple’s nerve center, its headquarters in Cupertino, California. Employees at
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`Apple’s headquarters directed the production and assembly of the iPad Mini’s hardware and
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`software, including the defective LCD displays. Promotional activities and literature were
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`developed and coordinated at, and emanated from, Apple’s California headquarters. For these
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`reasons, and those listed next, the application of California law is appropriate for non-California
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`residents as that activity amounts to injury in California. For example, the launch event for the
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`iPad Mini occurred in Cupertino. Apple made critical decisions about the development, marketing,
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`and advertising of the iPad Mini in California. Misrepresentations and omissions alleged herein
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`were made by Apple employees based in California and were contained, among other places, on
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`Apple’s website, which is maintained by Apple employees based in California.
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`FACTUAL ALLEGATIONS
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`An Overview Of A Tablet’s Key Features
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`The Merriam-Webster dictionary defines “tablet” as “a mobile computing device
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`A.
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`16.
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`that has a flat, rectangular form like that of a magazine or pad of paper, that is usually controlled by
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`means of a touch screen, and that is typically used for accessing the Internet, watching videos,
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`playing games, reading electronic books, etc.”12
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`17.
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`Experts at LifeWire support this definition by noting that “[s]ince tablets are built
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`for mobility, and the entire screen is touch-sensitive, you don’t necessarily need to use a keyboard
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`12 “Tablet,” Merriam-Webster, https://www.merriam-webster.com/dictionary/tablet (last accessed
`Apr. 19, 2022).
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 9 of 52
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`and mouse with one. Instead, you interact with everything on the screen using your finger or a
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`stylus.”13
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`18.
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`Experts at Lenovo agree, noting that “a tablet is a highly portable PC whose primary
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`interface is a touch screen that occupies the full length / width of device[.]”14
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`19.
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`Because of the screen’s centrality to the overall functioning of a tablet, “the screen
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`size and screen quality” are the “most crucial aspect to consider while buying a tablet.”15
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`Specifically, the screen “is the most-used component of the device.”16
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`20.
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`According to John Biggs, editor-in-chief of Gizmodo, one of the primary reasons
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`consumers purchase tablets is because they “make great e-readers.”17 This is consistent with
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`Apple’s long-standing marketing campaign to convince consumers that iPads should be their go-to
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`device for e-reading. In fact, Apple’s “very first campaigns showed iPads in a context that helped
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`the device instantly make sense – in the lap, being read.”18 Apple has not let up on this feature in
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`marketing the iPad Mini, noting that the Device can be used when “working, reading, exercising,
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`playing games, or sleeping.”19 Apple even boasted the iPad Mini as a “digital journal and
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`sketchbook [that] users can take anywhere.”20 And, as set forth below, these statements are set out
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`alongside images showing the iPad Mini performing these functions.
`
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`13 Tim Fisher, “What Is a Tablet?” LifeWire (Dec. 6, 2021), https://www.lifewire.com/what-is-a-
`tablet-4157433 (last accessed Apr. 19, 2022).
`14 Lenovo, “What is a tablet PC?” Laptop FAQs, https://tinyurl.com/4ym7d2v7 (last accessed Apr.
`19, 2022).
`15 Asif Iqbal Shaik, “Tabelt Buying Guide 2021: These are the Features You Should Look Out
`For,” OnSiteGo (Aug. 29, 2021), https://onsitego.com/blog/tablet-buying-guide-2020/ (last
`accessed Apr. 19, 2022).
`16 Id.
`17 John Biggs, “10 Reasons to Buy A Tablet (And 5 Reasons Not To),” TechCrunch (Feb. 12,
`2011), https://techcrunch.com/2011/02/12/10-reasons-to-buy-a-tablet-and-5-reasons-not-to/ (last
`accessed Apr. 19, 2022).
`18 Sorcha Daly and Wilson Fletcher, “The truth about tablets: Our report into how consumers are
`really using their devices today,” Medium (Aug. 4, 2015), https://medium.com/thehumanlayer/the-
`truth-about-tablets-our-report-into-how-consumers-are-really-using-their-devices-today-
`500ce0862cde (last accessed Apr. 19, 2022).
`19 Apple Inc., “Apple unveils new iPad mini with breakthrough performance in stunning new
`design,” (Sept. 14, 2021), https://tinyurl.com/2xefsj6f (last accessed Apr. 19, 2022).
`20 Id.
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`21.
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`Accordingly, consumers seeking to purchase a tablet over another device such as a
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`desktop computer are, at a minimum, interested in purchasing (1) an integrated unit that functions
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`primarily through the use of a touch screen; (2) that is portable, allowing the user to easily move
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`around and travel with their unit; and (3) that is convenient for reading, surfing the Internet, and
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`playing games. In doing so, consumers reasonably expect their tablets to exist independently of
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`external monitors for their use and to enable reading, watching, and playing all the while free of
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`characteristics that minimize their viewing pleasure, such as the Jelly Scroll Defect.
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`B.
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`Apple Releases iPad Mini, Emphasizing The Interrelationship Between iPad
`Mini’s Superior Technology And Screen Display Capabilities
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`22.
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`According to Greg Joswiak, Senior Vice President of Apple’s Worldwide
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`Marketing, in designing the iPad Mini, Apple stayed true to co-founder Steve Jobs’ commitment
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`that Apple build “the whole widget.”21 And, in fact, Mr. Joswiak noted that “[w]e’ve been making
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`the whole widget for all of our products, from the iPhone, to the iPad, to the watch.”22 That is,
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`Apple made and controlled the entire development of the iPad Mini from start to finish.
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`23.
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`Apple debuted the iPad Mini 6 on September 14, 2021 to great fanfare. During the
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`event, Apple CEO Tim Cook remarked that “there’s simply no other device like iPad Mini. It
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`gives users the power of iPad in its most portable form, which makes it indispensable for a wide
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`range of uses, like when it’s secured to the leg of a pilot in flight, or pulled from a doctor’s lab coat
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`to care for patients in the ER.” Mr. Cook’s statements were made alongside the accompanying
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`images:
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`///
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`///
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`///
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`///
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`21 Om Malik, The Omshow Podcast (Nov. 17, 2020), https://om.co/2020/11/17/why-m1-chip-by-
`apple-matters/ (last accessed Apr. 19, 2021).
`22 Id.
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`24.
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`Apple reinforced these claims in its September 14, 2021 Press Release for the iPad
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`Mini, noting that the iPad is capable of “handl[ing] even the most demanding tasks – from
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`graphically rich games to pro apps by designers, pilots, doctors, and more. With its powerful
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`performance and compact design, iPad mini is the ultimate tool users can take anywhere.”
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 12 of 52
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`25. More than puffery, these are concrete claims about the iPad Mini’s capabilities. But
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`the iPad Mini cannot handle graphically rich video game or pro apps due to the Jelly Scroll Defect.
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`Worse yet, the Jelly Scroll Defect has caused users to experience motion sickness, nausea,
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`vomiting, and migraines when using the Device.
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`26.
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`Apple’s statements in this regard created a context in the minds of reasonable
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`consumers about the iPad Mini and served to assure such consumers that if the iPad Mini can serve
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`these functions that are critical to society, that the iPad Mini can also be used for less critical
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`functions such as unimpeded e-reading, movie watching, and game playing. In fact, as
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`demonstrated below, Apple acknowledges in its marketing material that the iPad can perform these
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`latter functions. However, as discussed throughout, this has not been the case for consumers.
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`27.
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`Nonetheless, Apple sought to reinforce notions of the functionality and superiority
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`of the iPad Mini’s display during the launch with its emphasis on the iPad Mini’s “complete
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`redesign.” That is, Apple refers to the iPad Mini’s “all-new enclosure” which features an “all-
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`screen design” with “narrow borders and . . . rounded corners.” Because of this new design, Apple
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`prioritized the “thin[ness]” of the Device as well as integration of the new, expanded Liquid Retina
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`Display (also referred to as the “LCD” display). Apple’s Product Manager for the iPad, Katie
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`McDonald, remarked that “[w]ith this new design we were able to increase the screen size all the
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`way out to 8.3 inches, while keeping the same compact footprint.”
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`28.
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`But extending the screen in this way required Apple to shift around certain of the
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`iPad’s internal and external components. For example, Ms. McDonald stated that “[a]nd delivering
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`this edge-to-edge screen meant finding a new location for Touch ID” which was moved “right to
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`the top button of the iPad Mini.” Ms. McDonald’s statements were then accompanied by the
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`following photographs emphasizing Apple’s redesign of the iPad Mini’s hardware:
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`///
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`29.
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`According to experts, the iPad Mini’s redesign, and in particular, this shifting of
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`internal and external components is at the root of the Defect. As one expert has remarked, “[t]he
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`location of the distortions surprisingly coincide with how the protruding elements of the boards are
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`lcated inside the case. This fact makes us speculate there is a probably a manufacturing defect.”23
`
`And following iFixit’s “tear down” of the iPad Mini as outlined above, several technicians and
`
`experts have expressed agreement as to the nature of the Defect. Samuel Axon of ArsTechnica, for
`
`example, remarked that, “[w]hen tearing the mini down, iFixit found that the controller board that
`
`drives the tablet’s display is oriented vertically. By contrast, the iPad Air’s is oriented horizontally.
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`iFixit suggest that the jelly scrolling effect occurs when the tablet’s orientation doesn’t match the
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`placement of the controller board, because the line-by-line refresh also happens relative to that
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`board’s orientation.” Mr. Axon then stated that “[s]ure enough, slow-motion footage of the iPad
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`mini shows the jelly scrolling in portrait mode (a vertical orientation) but not in landscape (a
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`horizontal one).”24 JC Torres of SlashGear also wrote on the issue, stating that “[u]nfortunately, it
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`does mean that it’s not something that can be easily repaired, and the only recourse users will have
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`is to either get used to it or hope that Apple develops some [fix].”25
`
`30.
`
`Despite this evidence, Apple has continued to maintain that the Jelly Scroll is
`
`normal behavior for an LCD display. However, that notion has been swiftly rebutted by tech
`
`experts. As Iskren Gaidarov of PhoneArena pointed out, Apple’s statement “[doesn’t] explain why
`
`it is more pronounced on the new iPad mini 6” as compared to other devices.26 And, significantly,
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`ArsTechnica expert, Andrew Cunningham, also rebutted Apple’s stance, noting that “[w]e maintain
`
`that this effect is noticeable on the iPad mini in a way that is not noticeable on other 60 Hz LCD
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`iPads we’ve tested, like the iPad Air 4 and the latest $329 iPad.”27 Likewise, Matthew Humphries
`
`of PC Mag, for example, notes that “While a surprising response [from Apple], it’s also hard to
`
`believe simply because it isn’t happening on other devices with similar displays running at 60Hz.
`
`
`23 “Apple Could Recall The iPad Mini 6 Due to Several Screen Problems,” GizChina (Oct. 6,
`2021), https://tinyurl.com/3cvtn9ys last accessed Apr. 19, 2022).
`24 Samuel Axon, “iPad mini teardown sheds new light on ‘jelly scrolling’ controversy,”
`ArsTechnica (Sept. 30, 2021), https://tinyurl.com/2s3mywsr (last accessed Apr. 19, 2022).
`25 JC Torres, “iPad mini 6 iFixit teardown explains jelly scrolling behavior,” SlashGear (Sept. 29,
`2021), https://tinyurl.com/9bactrb4 (last accessed Apr. 19, 2022).
`26 Iskren Gaidarov, “Teardown video shows the jelly scrolling effect on the iPad mini 6 vs other
`iPads,” PhoneArena (Oct. 1, 2021), https://tinyurl.com/2p946txp (last accessed Apr. 19, 2022).
`27 Andrew Cunningham, “Newest iPad mini has a subtle scrolling problem,” ArsTechnica (Sept.
`27, 2021), https://tinyurl.com/y5m5mbyp (last accessed Apr. 19, 2022).
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`FIRST AMENDED CLASS ACTION COMPLAINT – JURY TRIAL DEMANDED
`CASE NO. 4:22-CV-00845-HSG
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`Case 4:22-cv-00845-HSG Document 20 Filed 04/22/22 Page 15 of 52
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`
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`The iPad Air and iPad don’t experience the same jelly scrolling problem, for example. This
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`response also doesn’t explain why there is a dividing line down the middle of the screen.”28
`
`31.
`
`Given that the Defect does not manifest on other of Defendant’s tablets, Defendant
`
`would have had knowledge about how to design the Devices without the Defect. This could have
`
`been done easily and affordably, as demonstrated by the fact tha