Psystar Moves to Amend Counterclaims Against Apple

December 9th, 2008 at 10:15 AM - News by Jeff Gamet

Unauthorized Mac clone maker Psystar has filed a motion for permission to amend its counterclaims against Apple Inc in its battle to defend itself against claims that it is violating copyright and Digital Millennium Copyright Act restrictions.

U.S. District Court Judge William Alsup dismissed Psystar's counterclaims against Apple in mid November after calling its arguments "unenlightening." He gave Psystar 20 days to file amended complaints and added "Plaintiff must plead its best case. Failing such a motion, all inadequately pled claims will be dismissed without further leave to amend."

The company filed counterclaims against Apple alleging the Mac maker was a monopoly and unfairly restricting other manufacturers from selling computers bundled with Mac OS X.

Psystar's motion comes in just under the deadline, but doesn't guarantee that its counterclaims will be allowed. If not, the company will still face Apple's suit for selling PCs with Mac OS X 10.5 installed.

A hearing for Psystar's motion for leave to amend its counterclaims is set for January 15, 2009.

Commenting is not available in this section entry.

Recent Headlines - Updated November 29th

Thu, 11:30 AM: News - TMO Holiday Gift Guide Part 1
7:00 AM: News - Happy Thanksgiving from TMO!
Wed, 6:25 PM: Apple Stock Watch - Skymark Research Initiates Coverage of Apple with a “Buy”
5:06 PM: TMO Scoop - Apple Moves to Dismiss Psystar’s Florida Case
4:16 PM: Product News - Zevrix Unveils File Courier File Transfer App
3:12 PM: TMO Quick Tip - iPhoto 09: Finding Missing Faces
2:25 PM: News - Microsoft CFO Stepping Down at End of 2009
1:52 PM: John Martellaro's Blog - More HDTV Gotchas to Know by Black Friday
1:44 PM: News - Apple Lawsuit Alleges Power Adapter Patent Infringement
11:12 AM: Product News - Dare to be Creative Intros Parachute Backup App for the Mac
10:35 AM: TMO Appearances - Ted Landau Discusses the Future of the Mac Pro on MacNotables
10:10 AM: Hot Forum Topic - Verizon’s Other Problem: iPod touch

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
RamJet Memory: Mac Pro 8-core 8GB Kit $249.99, 4GB Kits $149.99! Sale on MacBook and MacBook Pro 8GB kits $497.99! New MacBook DDR3 4GB for $109.99. iMac and Mac mini 4GB Kits for $109.99! 1TB SATA Hard Drives for $109.99! 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!
For the latest Apple products use Ciao, a price comparison website, to find laptops like MacBook Air. Then find the best prices on MP3 players and use our comparison tool to evaluate mobile phones like the Apple iPhone.
Laptop Hardware Provided by TechRestore - Overnight Mac & iPod Repairs.

Apple Stock Quote

AAPL: $200.59. Change: -3.60.
(Prices delayed up to 20 minutes.)
Discuss in our Apple Finance Board

Hot Topics

What's the buzz? These articles have TMO readers talking.

Apple Lawsuit Alleges Power Adapter Patent Infringement - 39 Comments
Apple Moves for Permanent Injunction in Psystar Case - 39 Comments
Mac Pro: R.I.P. - 34 Comments
Apple: Smoking Could Void Mac Warranty - 22 Comments
Report: Microsoft May Pay News Corp to Block Google - 19 Comments
What You Need to Know about HDTV & Blu-ray by Black Friday - 17 Comments

TMO Express

Join the TMO Express Daily Newsletter to get the latest Mac headlines in your e-mail every weekday. Find out more!

Top Deals From DealBrothers.com

Recent Features

Get the latest installments of TMO Columns, Podcasts, & Blogs.

© The Mac Observer, Inc. -- All rights reserved. All information presented on this site is copyrighted by The Mac Observer, Inc. except where otherwise noted. No portion of this site may be copied without express written consent. Other sites are invited to link to any aspect of this site provided that all content is presented in its original form and is not placed within another frame. The Mac Observer is an independent publication and has not been authorized, sponsored, or otherwise approved by Apple, Inc.