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.