Does the iPad overheat when used outside under directly sunlight or warm weather? U.S. District Court Judge Jeremy Fogol has thrown out the case, where plaintiffs claimed Apple deceptive Apple marketing. The plaintiffs argued that books “don’t shut down,” arguing Apple advertised that the iPad was able to be read “just like an open book.”  Computerworld reports that this case didn’t go very far.

“The Court concludes that these allegations are insufficient,” Fogel wrote in his order. “At the least, Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement.”

I’m not going to outside and roast my iPad on the sidewalk and wait for it to overheat, but with any sort of common sense (or perhaps purchasing sense) you should realize the iPad’s screen is pretty glossy and isn’t desirable to read in sunlight in the first place. The Judge has given the plaintiff thirty days to gather evidence per his request, but what could they dig up? Commenters, do you think Apple any of Apple’s advertisements or website promotions could be sufficient for this case?

[Computerworld via Macworld]