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.
- Mon,12:40 PM
- Three Ways to Protect your Apple Watch (and One Way Not To)
- Mon,10:42 PM
- Google Brings Higher Resolution Satellite Imagery to Google Earth and Maps
- 9:10 PM
- Google Bloks Will Offer Kids Hands-On, Collaborative Programming Concepts
- 8:44 PM
- PRE-SALE: The Complete iOS 10 Developer Course at $29
- 5:15 PM
- Game Foul: Ford Dealership Steals Firewatch Art
- 5:04 PM
- TMO Background Mode: Interview With Symply Co-founder and President Alex Grossman
- 3:20 PM
- iPhone 7 Sans Headphone Jack: The Debate Continues
- 1:58 PM
- TMO Daily Observations 2016-06-27: AAPL, Brexit, Google Blocks
- 11:58 AM
- Google Ready to Try Apple’s Tactics with New Smartphone
- 9:33 AM
- Apple gets its Rainbow on for SF Pride Parade
- Sun,12:18 PM
- MGG 611: Troubleshoot & Resolve Your Mac & Apple Issues
- Fri,7:00 PM
- Apple Kills the Thunderbolt Display - Will the Mac Pro Be Next?