Judge Gonzales Rogers has ruled against an Apple request to dismiss the 10-year-long lawsuit by audio software maker Real, but has not denied that the case may soon be without a valid plaintiff. Following the dropout of the first of two women named in the original case, more evidence was presented in court today that the remaining plaintiff, Marianna Rosen, is also not qualified by virtue of not having directly bought an iPod in the relevant time window with her own funds.