Apple has filed a motion to dismiss Psystar's case in Florida that claims the Mac maker can't prevent it from building and selling PCs with Mac OS X pre-installed. According to Apple, the new case simply duplicates the proceedings that are currently underway in California.

Apple and Psystar have been battling each other in U.S. District Court in Northern California over whether or not the PC maker is violating copyright restrictions buy selling Mac clones with Apple's operating system pre-installed. Apple claimed that the company is violating its copyrights and the Digital Millenium Copyright Act with the steps it takes to get the OS on computers. Psystar countered that Apple is abusing its copyrights and is a monopoly.

Psystar filed its new case the day before Mac OS X 10.6 was released with the contention that the new operating system should warrant its own day in court. Apple, however, thinks the company is fishing for a more sympathetic court.

"On August 27, 2009, defendant Psystar Corporation filed a new lawsuit against plaintiff Apple Inc. in the Southern District of Florida with allegations that are virtually identical to the issues that have been actively litigated in this case for more than a year. By doing so, Psystar is brazenly attempting to avoid rulings made against it by this Court, and admissions it previously made to this Court," Apple said in its filing in California.

Apple added "These precise issues have been pending before this Court since July, 2008, and will be resolved through trial within a few months. In addition, the newly-filed Florida action asserts antitrust claims against Apple based upon theories that this Court previously considered and then dismissed."

Psystar may be trying to find a more friendly ear in the court system, or may even be going for a divide and conquer tactic, but it isn't likely to work out. An attorney familiar with this type of case told The Mac Observer "While Psystar will certainly attempt to argue that Snow Leopard creates new facts that give rise to new antitrust claims and we haven't heard Psystar's arguments, it is hard to see how Psystar will be able to present any cogent arguments that Judge Alsup should not order Psystar to either dismiss its Florida case or at a minimum enjoin the Florida case from proceeding."

So far Psystar hasn't had much luck swaying the court in its favor, and if the judge overseeing the case thinks the little PC maker is trying to manipulate the legal system it likely won't have much luck swinging the court to its side.

Apple apparently isn't happy with Psystar's new case, either. "There is absolutely no valid reason for two actions to be pending 3,000 miles apart, in two different federal courts, raising the same issues. Such blatant forum-shopping should not be countenanced within the federal court system," Apple said.