You're right. You can request one argument that you think can't be made, have it be made against you, and move on to something else because you were proven wrong. All day.
I have to prove that Apple knowingly lied about performance? Easy! Let's take even Apple's most expensive and latest iPhone and use iOS 9, the "smoother animations" update on it. Let's also look at their latest midsize iPad.
Now I'll put this image here again. You know what? I'll put it here twice so you don't miss it.
But I also know that the lawsuit is specifically about the iPhone 4S, so the iPhone 6s Plus doesn't matter in the specific case even if it still goes against this advertising.
Let's see how much faster iOS 9 really is on the 4S.
"better overall performance"
On every device capable of running iOS 9, performance is either equal or worse. These are objective facts.
You can measure the frame rates, which is the main factor of perceived performance. iOS 9 has frame rates that are worse or equal to iOS 8 at best. And the 4S takes longer to load every single app in iOS 9 than in iOS 8 while having more input lag and animations with the same smoothness as iOS 8, or even occasionally worse, and not better animations. So did Apple knowingly lie about iOS 9 by saying that it "
delivers faster scrolling, smoother animation, and better overall performance"?
Yes.
Of course, if you don't agree, you can always show me where iOS 8 performs worse than iOS 9.
I can do this all day.