I bet you there is an email communication somewhere between 2 or a number of Apple employees warning Apple if they do not tell their users what they are doing, the users would be of the opinion that something has gone wrong with their iphone and thus look to get a new iphone. The warning would have mentioned that this practice was not only morally wrong but also a deceptive business practice which would probably be illegal, illegal as in giving the user the impression their iphone is faulty thus going out and buying a new iphone which would mean Apple getting more money than they should have because the fix would have been a replacement battery, a lot cheaper than buying a new iphone.
Apple say's the law suit is baseless. No it is not in my opinion. They clearly mislead the owners of iphones that the update affected, with some having bought replacement iphones no doubt and it was only due to the persistence of tech reviewers that indicated something was not quite right with the update and how it was affecting iphones did then Apple come out with the real reason why the iphones were throttling. It was too late by then because as reported not only in MR but other forums, affected iphone owners went out and bought replacement iphones when all they needed to do was get a new battery fitted.
Apple are in the wrong here, they were deceitful and they think all it will take is an apology to get them out of trouble. No it will not.