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,7:16 PM
- The Ruby On Rails Rookie To Rockstar Training Bundle: $49
- 6:29 PM
- ACM 269: China’s OS Ambition, iWatch Rumors, Cool Headphones
- 5:24 PM
- How Duke Turned an iPod Giveaway into a University-Wide Digital Initiative
- 2:24 PM
- Text Expander iOS 8 Keyboard Replacement Goes to Public Beta
- 1:49 PM
- Apple Reportedly Plans to Launch Wearables ‘Alongside’ iPhone
- 1:40 PM
- Parallels Desktop 10 for Mac: More Mobile Efficiency, More Ease of Use
- 1:25 PM
- TMO Daily Observations: 2014-08-27
- 11:12 AM
- Dropbox Ups the Cloud Storage Game with new 1TB for $9.99 Deal
- 9:30 AM
- Get Ready for the 12.9-inch iPad, Maybe
- 8:45 AM
- iOS 7: Closing All Open Safari Windows on Your iPhone or iPad
- Tue,9:16 PM
- Seagate Ships First 8TB Hard Drives for Enterprise
- 7:50 PM
- Hands-On with Blue’s Mo-Fi Headphones: Comfort Married to High Fidelity