dizzle — page 2
140 posts
Psystar v. Apple: Psystar Sues Apple in Florida Federal Court
Hello readers, just a quick note. Yes, I am aware of this new suit but am not quite ready to write on it yet. There are some trails I want to chase down, and I just want to let it marinate in my mind a…
Apple v. Psystar: A Closer Look at the Spoliation Letter Briefs in Light of the Hearing Transcript
In my past article , I had claimed that in my personal lay opinion, Apple's counsel did not perform at their best during the August 20, 2009 hearing. I will defend that opinion in this article by examining the filings and hearing arguments relating to…
Apple v. Psystar: Why Psystar was Ordered to Pay $5,000.00 (USD) in Sanctions
I have obtained the transcript of the hearing that took place on August 20, 2009 resulting in the following Minute Entry in the Court docket: 08/24/2009 - 96 - Minute Entry: Discovery Hearing held on 8/20/2009 before William Alsup (Date Filed: 8/24/2009). Supplemental briefs due…
Apple v. Psystar: Court Orders Psystar to Pay $5,000.00 (USD) in Sanctions
The discovery dispute that has been ongoing (and which I am going to explore in full over the coming days, though I would refer the reader to Groklaw to get up to speed until then) was heard today (8/24/09) before Judge Alsup with this terse…
Apple v. Psystar: An Unexpected Opportunity to Examine Contents of Past Discovery
Personal issues have kept me from writing as regularly on my favourite case as I would like, but hopefully that has ended or at least been minimized. Many interesting things have happened recently, particularly regarding discovery, and I have only just began to digest the…
Psystar v. Apple: Psystar Dismissed from Bankruptcy
As of August 4, 2008, Debtor Psystar has been released from its Florida Bankruptcy proceeding. It appears that this dismissal is good for the period of one year and conditioned upon Psystar paying its outstanding creditors, presumably including its prior law firm. Good luck with…
Apple v. Psystar: Round-Up of Latest Court Activity
The routine mechanics of civil litigation have been steadily moving along in the past few weeks. Nothing new in the bankruptcy case has occurred since our last report . The next bankruptcy hearing is scheduled for August 4, 2009 in which Psystar's Motion to Dismiss…
Apple v. Psystar: Misc. Court Orders Entered
Today there has been activity on both the California and the Bankruptcy Court dockets. As expected, Judge Alsup (California) has allowed the substitution of counsel by Psystar. Those requests, particularly when no dates are affected and the other party does not object, are routinely approved…
Apple v. Psystar: Psystar Retains New Law Firms
On July 15, 2009, Psystar filed a Motion with the Court requesting allowance for substitution of counsel from the firm of Carr & Ferrell, LLP (the firm where Colby Springer is employed) to K.A.D Camara of Camara & Sibley, LLP of Houston, Texas and David…
Apple v. Psystar: Settlement Conference Date Set
As I had suggested in my last article in which I noted that although a second mediation had been ordered, no date had been set, an Order has come from Magistrate Judge Zimmerman setting the mediation for July 30, 2009. This Order is a bit…
Apple v. Psystar: New Case Management Scheduling Order Entered
Now that the automatic stay has been lifted, the California Court has issued its Second Case Management Scheduling Order. All of the previous future deadlines have been moved forward by approximately one month with the new trial date set for January 11, 2010 .
Apple v. Psystar: Examining the Declaration of Rudy Pedraza
A great deal of attention has been paid to the truth-is-stranger-than-fiction drama of the Psystar bankruptcy filings. However, buried in the flurry of filings were some overlooked gems. I had mentioned one of these in my last article in which I had pointed out that…
Apple v. Psystar: Summary of Status (with buried tidbits and copies of transcripts not made available elsewhere)
The Psystar case has taken a odd path. Just after the Court-ordered deadline for production of financial records and just prior to the date scheduled for the deposition of the Psystar representative who would not answer "I don't know" over 90 times when asked about…
Apple v. Psystar: Apple Pushes Forward in District Court
Yesterday, Apple filed its Notice of Entry of Order Granting Motion by Apple, Inc. for Relief from Stay in order to inform Judge Alsup that this case can proceed. I expect that Apple will aggressively pursue this matter in the coming days. Please look for…
Apple Takes a Bigger Bite of Imagination
Bloomberg has recently revealed that Apple has been steadily increasing its ownership interest in UK company Imagination Technologies, tripling its ownership interest from the end of 2008 to 9.5% at present. Imagination Technologies is a graphics manufacturer of products that are used in smartphone, including…
iPhone Hard Costs Come in at Approximately $179.00 (US)
A recent teardown and analysis of the iPhone 3G S has determined that the actual hard costs for Apple to manufacture the phone total approximately $179.00 (US) for the 16GB version. Thus, it would appear, that when a customer purchases a subsidized iPhone, they are…
Apple v. Psystar: What's the Deal With the $75,000.00?
Background Several days ago (I have been a bit ill and could not write this piece until now), Psystar filed its required Summary of Schedules with the Florida Bankruptcy Court. A copy of this filing may be viewed here . On Page 10, as part…
Apple v. Psystar: Apple Requests Bankruptcy Court to Allow Case to Go Forward
Yesterday, Apple filed a Motion with the Southern District of Florida Bankruptcy Court for Relief from the Automatic Stay of Proceedings in its lawsuit with Psystar and to allow the case to proceed to trial as previously scheduled. In its arguments, Apple sets forth twelve…
Apple v. Psystar: Judge Alsup Signs Order Staying Case
On June 1, 2009, Judge Alsup signed an Order stating: In light of the bankruptcy filing, all proceedings are hereby STAYED until the automatic stay lifts at which time the parties must immediately notify the Court and arrange for a case management conference. A case…
Opinion: And Apple Taketh Away...
Apple retail stores currently offer a great program called One to One training . Here is the description from the Apple site: As a One to One member, enjoy a year’s worth of personal training sessions for just $99. Sit down for in-depth, face-to-face sessions…