This is great. There’s something to be said for the defense of exaggeration or idiom in advertising — for instance, Red Bull doesn’t literally give you wings. Of course, nobody’s suing Red Bull for false advertising. But when the statement is the totally believable “Twice as fast, half the price,” and you support the ad with fraudulent video showing the product in question accomplishing tasks at unrealistic speeds, you might be pushing it. And yet, Apple’s defense is that:
“…No reasonable person in Plaintiff’s position could have reasonably relied on or misunderstood Apple’s statements as claims of fact.”
Ha! Well, you can be sure nobody will consider Apple’s statements “claims of fact” now!
Yeah, the lawsuit is questionable, but the response is classic.