Apple Goes For Knockout Blow Against Psystar
TMO Reports - Apple Goes For Knockout Blow Against Psystar
by , 2:05 PM EDT, October 1st, 2008
Apple is going for the proverbial knockout blow against Psystar by filing for a request to dismiss Psystar's countersuit with prejudice. If granted, it would knock the wind out of Psystar's defenses.
In court documents filed by Apple yesterday, Apple's lead counsel James Gilliland is seeking a dismissal of Pystar's countersuit, which invokes the Sherman Antitrust act, with prejudice. Extensive case history was cited to show why the Psystar countersuit based on Antitrust does not apply.
The court will hear Apple's request for dismissal of the countersuit on November 6th.
If the court agrees and dismisses the countersuit, it will have grave consequences for Pystar's defense in Apple's original suit against them, an attorney who is following the case, but asked not to be identified, told TMO. That's because the principle claim of the countersuit, antitrust, is also part of Psystar's defense. Hence a dismissal of the countersuit would deliver "a knockout punch" by Apple.
Apple filed its suit against Psystar in July alleging violation of its shrink wrap license, trademark and copyright infringement for bundling Apple's Mac OS X with its PC clones. Opinions have varied about whether an Antitrust defense by Psystar would work.
- Wed,7:40 PM
- ACM 291: Apple’s Massive Numbers and the Rosetta Stone for Apple Timing
- 5:30 PM
- One Way Apple Could Help Us Find Apple Pay Locations
- 3:47 PM
- Aaron Sorkin’s Steve Jobs Movie Starts Filming with Michael Fassbender as Jobs
- 2:45 PM
- Revogi Smart Color Bluetooth LED Bulb: $34.99
- 1:20 PM
- My Love/Hate Relationship with Apple’s Handoff and Continuity
- 1:17 PM
- TMO Daily Observations 2015-01-28: AAPL Q1 2015 Earnings, YouTube Dumps Flash
- 11:01 AM
- How to Restore Missing iPhoto Image Thumbnails
- 9:18 AM
- YouTube Puts Another Nail in Flash’s Coffin with HTML5 on the Desktop
- Tue,7:52 PM
- Apple Blocks Flash on the Mac Following Major Security Exploit
- 7:46 PM
- Apple Ups the Secrecy with Wall Street
- 5:25 PM
- Apple Pay Dominates Mobile Payment Platforms, Coming to Vending Machines [Updated]
- 5:15 PM
- Tim Cook Says Apple Watch Will Ship in April