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Despite 2 Mediation Sessions, Apple, 38 Plaintiffs Unable to Resolve AirTags Dispute

Apple and the 38 plaintiffs suing the company to halt the use of AirTags as a stalking device attended private mediation April 27, and a follow-up mediation session Aug. 31, “and have been in contact with the mediator in between…

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and after those sessions,” said their joint case management statement Friday (docket 3:22-cv-07668) in U.S. District Court for Northern California in San Francisco. The parties haven’t reached a resolution, said the statement. The plaintiffs’ primary concern in the litigation “is to obtain injunctive relief that remedies the immediate and ongoing risks to safety caused by the AirTag as it currently operates,” it said. But finding solutions “involves working with complex technology not only of the AirTag product but also other Apple products and IP, and even with technology of non-parties,” it said. Because of those issues of scope, and in light of the “unique nature of the relief sought,” the plaintiffs sought to begin an early mediation process so that they may evaluate how the safety needs of the class “may best be protected in light of Apple’s existing technology,” said the statement. Another goal was to identify all stakeholders within Apple’s organization “who would need to participate in the development and implementation of changes, and accordingly identify areas of alignment and find achievable solutions in as expeditious a manner as possible,” it said. The next case management videoconference in the case is planned for Friday at 10 a.m. PST (see 2401100047).