HUAWEI AND GOOGLE are finding themselves in hot water over the flagship Nexus 6P device released in 2015.
A class action lawsuit was filed last Friday in federal court for the Texas East District. The claim alleges two major issues with the 6P, which was made by Huawei as part of Google's "rotating manufacturer" basis for the now-defunct Nexus range.
Lawyers Chimicles & Tikellis, who sound like a hangover from a year nine biology class gone wrong, have alleged ten separate causes of action under federal and state laws, over two specific glitches.
First of all, there was the "bootloop issue" which saw an update leave the Nexus 6P unusable and stuck in an eternal state of boot (sometimes known as ‘soft bricking'). The other was premature battery drain - something we've probably all had experience of, the phone gets hot and the battery plummets to zero and switches off in minutes.
The issue here is one of culpability. The plaintiff alleges that they are ‘stonewalled' by Huawei, who blame the Google software, and with the joint branding, it becomes impossible to get any sense out of anyone. Or as the low-dangling Chimciles & Tikellis report,
"The alleged defect may put the phone into a "bootloop"—a death-spiral wherein the phone will be unresponsive, suddenly switch off, and then remain stuck on a start-up screen. The complaint alleges that Google tells consumers to seek warranty coverage from Huawei for this issue and that Huawei is largely unhelpful and often stonewalls attempts to obtain warranty coverage, telling consumers the problem is not the phone or the battery, but instead it is a problem with Google's software."
There has been some speculation that the choice to file in East Texas reflects the many speedy resolutions sought by patent trolls through the so-called ‘rocket-docket' culture of fast settlements.
Such behaviour often causes companies to settle out of court, early to save the faffing about and appealing that would inevitably follow. µ
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