Factory battery was probably charged to a normal level and would’ve paired fine when opened if it’d been powered off. It was left powered on from the factory, which is not how it should’ve arrived. My experience is a valid criticism of a just-released rechargeable device and a QA issue. Where do you get off acting like I don’t know how consumer electronics work because I’m criticizing bad QA?
I’m guessing this judge considers the telephone to be an example of negligent design as well. After all, the phone company doesn’t record every phone call I make and disconnect me if I mention an illegal drug.