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CNET reports that Apple has asked a California court to dismiss an anti-trust case. Apple alleges Marianna Rosen, the last remaining plaintiff in the case, did not purchase any iPods within the required timeframe for the class action suit. Apple claims the iPods were purchased by the law firm of her husband. If the court agrees, Rosen would not be able to collect damages, or show injury, thereby preventing a class action suit. Rosen’s lawyers have the weekend to come up with response. Judge Yvonne Gonzalez Rogers said, “I am concerned that I don’t have a plaintiff. That’s a problem.” The plaintiff’s lawyers are expected to respond this weekend claiming Ms. Rosen did purchase the iPods.