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 vs. Psystar Case Takes a Detour

TMO Reports - Apple vs. Psystar Case Takes a Detour

by , 1:55 PM EDT, October 16th, 2008

In the Apple vs. Psystar case in the Northern District of California, both parties have agreed to Alternative Dispute Resolution (ADR). Which party asked for this cannot be known at this point, or even if they did. Sometimes a judge will strongly urge the parties to enter into voluntary ADR.

An attorney, who is following the case and wishes to remain anonymous, told TMO on Thursday that he discovered that the ADR process has been initiated and both parties have agreed to it.

"ADR is a private process whereby both parties can meet and work out a resolution in lieu of going to trial," he said. "Exactly why this has happened is not known at this point."

Under ADR, the parties "(1) Meet in non-binding arbitration (essentially the arbitrator judges the parties' case by hearing their argument on the law and facts but has no authority to impose a settlement or adjudicate the matter); (2) Early Neutral Evaluation (ENE) is where an expert has the parties submit their statement of the facts and the law and provides each of them with his evaluation of the merits of their case (this evaluation of the each party's case by a neutral expert facilitates settlement); and (3) Mediation is where the mediator get between the parties and simply tries to help the parties reach a negotiated settlement," he wrote.

This process will still require several months, but the outcome could result in a negotiated settlement, the terms of which could also remain secret.

Some notable recent events appear to relate to the case. Apple recently received a patent on the Mac OS X dock and President Bush recently signed into law a strengthened copyright bill that steepens penalties for intellectual property infringement. However, it's not possible to know, at this point, why the ADR was initiated, and the outcome, held private, may never be known to outsiders.


Recent Headlines - Updated October 30th

Thu,7:17 PM
Meijer, the CurrenctC/MCX Member Who Refuses to Block Apple Pay
6:36 PM
Get Free Bitcoins with 52 Website Faucets that Really Pay [Update]
5:17 PM
Last Chance for The Bluetooth Shower Speaker: $39
5:09 PM
CES Rebrands iLounge Pavilion as iProducts, Hopes to Attract Macworld Expo Exhibitors
2:13 PM
Apple Reverses PCalc Decision; App and Widget Can Stay
1:29 PM
TMO Daily Observations: 2014-10-30
11:36 AM
Microsoft Joins the Fitness Tracking Game with Fitness Band
9:52 AM
Tim Cook’s Gay Coming Out is a Big Deal for Equal Rights
Wed,9:37 PM
MCX Holds Press Conference, Does Itself No Favors
7:30 PM
ACM 278: Apple is the New Microsoft and Thinking Differently about iPhone
6:43 PM
Apple: Widgets Can’t Calculate, Orders Featured Calculator Widget Removed
4:00 PM
The 3 Unexpected Consequences of Apple Pay Will be Huge
  • __________
  • Buy Stuff, Support TMO!
  • Podcast: Mac Geek Gab
  • Podcast: Apple Weekly Report
  • TMO on Twitter!