A federal judge in San Jose, California, has turned back Apple Inc.’s bid to knock out a class action lawsuit brought on behalf of iPhone 4 and iPhone 4S owners who lost the ability to use the FaceTime feature to make video calls.

Plaintiffs claim their phones don’t have sufficient capacity to run the latest versions of Apple’s iOS operating system and that the company intentionally disabled the FaceTime function on older versions in April 2014. Apple and its lawyers at Kirkland & Ellis, however, argued the plaintiffs failed to allege sufficient harm to establish standing with the loss of functionality.

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