Apple Moves to get Psystar Financial Records

May 4th, 2009 at 9:29 AM - News by Jeff Gamet

Apple Inc. has asked the courts to compel Psystar to turn over financial records as part of discovery in its case against the unauthorized Mac clone maker. Apple is also hoping to get someone other than Psystar's CEO to testify during discovery since so far he hasn't been able to answer even basic questions about the company he runs, according to Groklaw.

Apple and Psystar are currently fighting a legal battle over whether or not companies can sell PCs with Mac OS X installed. Apple asserts that any company wanting to sell Mac clones needs permission -- which is something it won't give -- and Psystar claims that Apple is overstepping its authority in enforcing copyrights.

In a letter to the court, Apple claimed that Rudy Pedraza, Psystar's CEO, failed to answer discovery questions about 90 times after stating he didn't know or couldn't remember information about his company. According to the letter, Mr. Pedraza "stated approximately 90 times during the deposition that he did not know or recall answers to basic questions about Psystar's sales, its general costs and profits, its costs and profits by product line, [and] how it determines prices and profit margins."

Since Mr. Pedraza seems to be thin on facts, Apple is hoping the court will force the company to turn over financial documents and pick someone else that's more knowledgeable about Psystar to testify in depositions.

Judge Alsup, the Federal Court Judge overseeing the case, has set a scheduling hearing for the discovery requests on May 5. If it turns out that Mr. Pedraza and Pystar's legal team were intentionally withholding information, his company will likely find itself in even more legal hot water since the courts don't look kindly on those types of actions.