Robert A. Mark, the Judge overseeing Psystar's bankruptcy in Florida, ordered a hearing on Apple's Motion For Relief From Stay for June 17. Apple filed the motion in hopes of quickly resuming its case against Psystar for selling PCs with Mac OS X pre-installed.
Apple's legal battle was temporarily stalled when Psystar filed for Chapter 11 bankruptcy protection because of mounting legal expenses. Judge Mark would likely lift the stay eventually, but Apple is hoping to expedite the process with its motion and avoid losing more time while waiting for the bankruptcy proceedings to complete.
Psystar is still selling PCs with Mac OS X pre-installed without the Cupertino-based company's authorization, and Apple contends is "in violation of Apple's intellectual property rights... thus tarnishing the reputation of Apple's genuine products to Apple's obvious detriment."
Apple is also contending that without a resolution in its case against Psystar, the bankruptcy judge won't be able to approve a reorganization plan for the company.
Apple's case against Psystar is scheduled for a November 9 court date, but if Judge Mark doesn't approve the Motion For Relief Form Stay, that date could be delayed into 2010. Psystar has until June 15 to file a brief in opposition to Apple's motion.
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