Apple Moves to Dismiss Psystar’s Florida Case
November 25th, 2009 at 5:06 PM - TMO Scoop by Jeff Gamet
Despite its busy schedule with Psystar in U.S. District Court in Northern California, Apple still managed to file a motion to dismiss the PC maker's case in Florida on Tuesday.
The unauthorized Mac clone maker Psystar filed a lawsuit against Apple at the end of August in Florida over Mac OS X 10.6 over claims Apple is violating antitrust laws by locking Snow Leopard to its own hardware. According to Psystar's arguments, issues over whether or not Apple has the right to block companies from making Snow Leopard-based Mac clones without permission should be dealt with independently of the similar case that's well underway in California.
In its filing with Judge Hoeveler in U.S. District Court in southern Florida, Apple requested that Psystar's case be dismissed, or at least transfered to Judge William Alsup's court because the cases are essentially identical.
"This case is a transparent attempt by Psystar Corporation to re-litigate the same issues that Psystar and Apple have been contesting... for almost a year and a half," Apple said in its filing. "This Case is the inseparable twin of the California Action, as the legal claims and issues, the technology, the parties, and most of the facts are virtually identical."
Psystar received a crushing blow on November 13 when Judge Alsup ruled the company has been infringing on Apple's copyrights by selling PCs with Mac OS X, and that it violated the Digital Millennium Copyright Act by circumventing the code that binds Mac OS X to Apple hardware.
Apple unsuccessfully tried to convince Judge Alsup to dismiss the Florida case in September, but may have better luck convincing Judge Hoeveler to dismiss the case now that the summary judgement ruling in the California case has been issued.
"The true purpose behind Psystar's attempt to move the parties' dispute to Florida is to forum shop and buy Psystar more time to continue its ongoing acts of infringement," Apple said in its filing.
If Psystar's luck in California is any indication, the PC maker could have a hard time convincing Judge Hoeveler that it isn't shopping around for a more sympathetic court.
3 Observer Comments
All the pieces have been nicely lined up and wrapped with a bow for Judge Hoeveler. I’m betting he’ll rule in favor of Apple’s motion and at a minimum send Psystar’s case to Judge Alsup.
I’m afraid there is no way they can say that Snow Leopard is any different. It’s OSX with the same license agreement. There is no difference what so ever. If the other judge can’t see this, then there is something wrong with our legal system.
There is plenty wrong with the legal system in Floriduh.
By the way, it’s OS X and whatsoever.
Recent Headlines - Updated September 6th
- Sat, 10:45 AM
- News - iOS 4.1 Launch Set for Sept 8
- Fri, 8:09 PM
- News - Ping Tops 1 Million Users in Two Days
- 5:03 PM
- News - Quantcast: Android Eats into iOS Lead of Mobile Browsing
- 4:24 PM
- Free on iTunes - Netflix, Fotopedia, The Citadel and More
- 2:49 PM
- John Martellaro's Blog - Particle Debris (wk. ending 9/3) A Bundle of Critical Thinking
- 1:26 PM
- Deal Brothers - Cavalry Storage 1TB USB 2.0 External Hard Drive: $59.99
- 11:22 AM
- Games - Assault Commando Hits the App Store
- 10:46 AM
- Product News - Chronicle for Mac Adds Income Tracking
- 10:06 AM
- Hot Forum Topic - Reader Debate: Why Buy the New Apple TV
- 9:30 AM
- News - Facebook May Be Blocking Ping
- 8:51 AM
- TMO Appearances - Dave Hamilton, Chuck La Tournous Discuss Apple Media Event on MacJury
- 8:19 AM
- News - Apple Highlights Upcoming iPad Features
The Mac Observer Reader Specials
- TypeStyler For Mac OS X is Now Shipping! Download The Free Fully Functional 60 Day Tryout at www.typestyler.com
Mac Memory and Hard Drives: MacBook Pro Memory 8GB kits $275.99! iMac Memory 4GB Kits for $109.99! Mac Pro Memory 8GB Kits for $289.99, 64GB for $2,839.99! Mac Hard Drives 2TB Seagate SATA II for $149.99! Click Here!
If you're using a Mac, then you've gotta check out Full Tilt Poker for Mac. This Full Tilt Poker bonus code does the unthinkable, it actually rewards!



I’m afraid there is no way they can say that Snow Leopard is any different. It’s OSX with the same license agreement. There is no difference what so ever. If the other judge can’t see this, then there is something wrong with our legal system.