Sony is arguing that a class-action suit filed against it should be dismissed due to plaintiffs’ failure to prove they were harmed by the 2011 breach of its PlayStation Network (PSN).

Last Tuesday, the electronics giant filed a notice in a U.S. District Court in California contending that an amended complaint didn’t “state a claim for relief” or show that consumers’ personal data was misused as a result of the breach.

The suit stems from the breach of around 77 million users who registered with Sony’s PSN and Qriocity, an on-demand entertainment service. Last October, Sony was absolved of several charges lodged against it because of the incident, including negligence, unjust enrichment and bailment, but plaintiffs filed an amended complaint in December.

Sony’s court date to request the class action suit dismissal is set for Sept. 20.