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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.

Observer Comments

Show: Subjects Only | Full Comments
Close Name:Guest
Subject: Your lawyer is a retard.

This is a bet the company case.

There is no way they would not appeal or, depending on where things are situated, seek an interlocutory appeal.

This is a preliminary motion on the pleadings. Don't expect this to be over this fast.

Close Name:Guest
Subject:

Psystar's counterclaims are and have always been ridiculous, and they have never served any purpose other than harassment and general entertainment of the public.

Apple is telling the judge that Psystar's arguments are complete nonsense (nice bits like Psystar claiming that Apple has no competitors, and at the same time claiming how Apple compares itself to its competitors in its advertisements), they show a good dozen of other cases where exactly the same arguments that Psystar makes were rejected, and they tell the judge that there can be no facts that could turn Psystar's arguments into something that could make sense, so costly discovery has to be avoided (and of course giving precedence for this as well).

I think summary judgement against these counterclaims looks quite possible; if Psystar appeals, they would have to prove that the judge made great errors in his judgement.

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