The Mac Observer

Skip navigational links

You're viewing an article in TMO's historic archive vault. Here, we've preserved the comments and how the site looked along with the article. Use this link to view the article on our current site:
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.

Recent Headlines - Updated April 28th

Tue,2:45 PM
USB-C Flash Drive for MacBook to Ship in June From Patriot
1:31 PM
TMO Daily Observations 2015-04-28: AAPL Q2 2015 Earnings Report Wrap Up
10:52 AM
6 Handy Apple Watch Apps for Travelers
8:55 AM
My Three Favorite Apple Watch Tips
Mon,8:17 PM
Apple Plans to be Part of Coming Big Media Changes
7:15 PM
Tim Cook on Poor iPad Sales: ‘It is what it is’
6:26 PM
After Hours Market Likes Apple’s Record Q2 Earnings
6:10 PM
MCX Member Best Buy To Accept Apple Pay
5:55 PM
SKEYE Nano Drone Fits in Your Hand: $34.99
5:33 PM
Tim Cook: Apple Watch Coming to Other Countries in Late June
5:15 PM
Apple Bumps Dividend 11 Percent, Expands Shareholder Returns to $200 Billion
5:01 PM
Apple Reports Record 2nd Quarter with 61.1 Million iPhones Sold
  • __________
  • Buy Stuff, Support TMO!
  • Podcast: Mac Geek Gab
  • Podcast: Apple Weekly Report
  • TMO on Twitter!