The Mac Observer

Skip navigational links

You're viewing an article in TMO's historic archive vault. Here, we've preserved the comments and how the site looked along with the article. Use this link to view the article on our current site:
Apple Goes For Knockout Blow Against Psystar

TMO Reports - Apple Goes For Knockout Blow Against Psystar

by , 2:05 PM EDT, October 1st, 2008

Apple is going for the proverbial knockout blow against Psystar by filing for a request to dismiss Psystar's countersuit with prejudice. If granted, it would knock the wind out of Psystar's defenses.

In court documents filed by Apple yesterday, Apple's lead counsel James Gilliland is seeking a dismissal of Pystar's countersuit, which invokes the Sherman Antitrust act, with prejudice. Extensive case history was cited to show why the Psystar countersuit based on Antitrust does not apply.


The court will hear Apple's request for dismissal of the countersuit on November 6th.

If the court agrees and dismisses the countersuit, it will have grave consequences for Pystar's defense in Apple's original suit against them, an attorney who is following the case, but asked not to be identified, told TMO. That's because the principle claim of the countersuit, antitrust, is also part of Psystar's defense. Hence a dismissal of the countersuit would deliver "a knockout punch" by Apple.

Apple filed its suit against Psystar in July alleging violation of its shrink wrap license, trademark and copyright infringement for bundling Apple's Mac OS X with its PC clones. Opinions have varied about whether an Antitrust defense by Psystar would work.

Recent TMO Headlines - Updated July 13th

Fri, 7:16 PM
The Real Story Behind Apple TV+ 'Greyhound'
Fri, 2:37 PM
Apple AR Lens Development Reaches Key Stage
Fri, 2:18 PM
Ming-Chi Kuo Predicts First Apple Silicon Macs
Fri, 1:58 PM
Security Friday, App Store Turns Twelve – TMO Daily Observations 2020-07-10
Fri, 1:32 PM
Setapp (the Netflix of Mac Apps) Just Keeps Getting Better
Fri, 1:30 PM
Kinkoo Mini Portable Air Conditioner: $59.99
Fri, 1:24 PM
Happy 12th Birthday iOS App Store
Fri, 11:14 AM
Apple EU Tax Case Appeal Ruling Due Next Week
Fri, 10:39 AM
'Little Voice' on Apple TV+ Aims to Improve Autism Representation
Fri, 8:47 AM
Spotify, Waze, And Other Popular Apps Crashing in iOS 13 Possibly Thanks to Facebook SDK
Fri, 8:16 AM
Apple Registers UK Turnover of £1.37 Billion, £6.2 Million Tax Payment
Thu, 5:08 PM
Public Beta of iOS 14 and iPadOS 14 Now Available
  • __________
  • Buy Stuff, Support TMO!
  • Podcast: Mac Geek Gab
  • Podcast: Daily Observations
  • TMO on Twitter!