In the Apple iTunes class-action trial now underway in Oakland, plaintiffs' lawyers were in hot water by late Friday. They represent a class of eight million consumers, but it's not clear that they have even one eligible plaintiff. If they can't produce one, it could be the end of their billion-dollar lawsuit.

The lawsuit claims Apple's scheme for digital rights management (DRM) illegally shut out competitors, "locked in" consumers, and raised prices on iPods. The suit was originally filed in 2005, and finally went before a jury on Tuesday.

During testimony Thursday, lawyers admitted that their second named plaintiff hadn't bought an iPod during the required time period, which begins in 2006 and ends in 2009. On Friday, they withdrew her from the case.

That leaves exactly one named plaintiff—Marianna Rosen—and she may not have bought an iPod during the required time period, either. The single iPod Rosen purchased during that time was bought by her ex-husband's law firm.

During cross-examination by Apple lawyers on Thursday, Rosen testified that her husband is a class-action securities lawyer. Apple's lawyer produced a binder of cases in which he had worked with Robins Geller, the firm pushing the DRM lawsuit, and asked Rosen about some of those cases.

If a named plaintiff who purchased an iPod can't testify, the case could be dismissed. Apple's lawyers have asked the judge to do just that. It would be a stunning conclusion for a class-action with a vast array of consumers, as well as large re-sellers like Best Buy and Walmart.

US District Judge Yvonne Gonzalez Rogers expressed concern about the possible lack of a plaintiff on Thursday, but hasn't made any rulings yet on the issue.

On Friday afternoon, The New York Times reported that a Michigan man contacted the judge to say he had purchased an iPod in 2008, presumably ready to put himself forward as a plaintiff.

Plaintiffs are asking for $351 million in compensation in the case. Under antitrust law any damages they are awarded will be tripled.