SAN FRANCISCO (CN) - Apple cannot exclude a key expert for the class accusing it of monopolizing digital music and music players between 2006 and 2009, a federal judge ruled.
Brought in 2005, the class action alleges that Apple illegally acquired a digital music player monopoly with an iTunes update that made it impossible for iPods to play songs purchased from another online music store.
The plaintiffs tapped Stanford economist Roger Noll to testify that the update made it more costly for an iPod user to switch media players because it would be harder to collect music that could be played on all devices. Noll said the update also encouraged iPod owners to only buy music from iTunes.
The resulting monopoly allowed Apple to charge more for iPods, causing $305 million in damages to the class, Noll told the court.
Apple's own experts meanwhile have criticized Noll's analyses.
Apple moved to exclude Noll's testimony in December 2013, and the plaintiffs moved to exclude the testimony of Apple's experts, professors Kevin Murphy and Robert Topel
On Friday U.S. District Judge Yvonne Rogers denied both Apple's motion to exclude Noll's testimony, and the plaintiffs' motion to strike opinions and an expert report by Murphy and Topel.
Rogers also denied a motion by Apple for summary judgment.
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