July 17, 2017
During a hearing on 6 July, the OEM has asked the United States District Court, Northern District of California, for the whole complaints case for the HP firmware update litigation to be dismissed and also included a proposed order for the full dismissal of the case.
On Thursday 6 July, HP Inc’s case was heard by the Honorable Edward J. Davila whereby HP Inc. moved the court to dismiss plaintiffs’ Consolidated Complaint (ECF No. 60). The case was filed in September 2016 by US law firm Girard Gibbs.
The motion to dismiss that was filed prior to the hearing stated: “Plaintiffs incurably fail to state a claim for relief for any of their claims for unlawful computer intrusions—the federal Computer Fraud and Abuse Act (18 U.S.C. § 1030), California’s anti-hacking statute (Cal. Penal Code § 502), and common law trespass to chattels—because, among other things, HP had authority to access the printers.”
It continued that the plaintiff’s had no actual “plausible claim for relief against HP” concluding that there is insufficient evidence against HP’s conduct in any of the cases stated under the Consumer Protection Act.
After fully considering the briefs and papers regarding the case, and hearing oral argument, the Honorable Edward J. Davila is now considering HP Inc.’s motion to dismiss.
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