Apple Legal News — page 6
201 posts filed under Apple Legal News
Psystar Moves to Allow Filing of its First Amended Counterclaim [corrected]
On December 9, 2008, Psystar requested that the Court allow entry of its First Amended Counterclaim. A hearing on this Motion is set for January 15, 2009. Attached as exhibits are its proposed First Amended Counterclaim as well as an annotated version of its prior…
Judge Signs Order Allowing Apple's Amended Complaint
Today, Judge Alsup signed the proposed Order submitted by the parties allowing the entry of Apple's Amended Complaint. While the parties agreed to this, the Judge's agreement is not always guaranteed pro forma . Judge Alsup could have disregarded the parties' agreement and disallowed the…
Amazing. Psystar Has its Own EULA
Groklaw has unearthed a real gem. PJ's skill at dismantling the "open source freedom fighter" myth that has grown around the very few Psystar supporters is superb . Normally I would like to add my own comments, but she covers it so well that all…
Breaking News: Psystar Consents to Amendment of Apple's Complaint
On December 3, 2008, Psystar retracted its opposition to the filing of Apple's Amended Complaint which was previously attached as Exhibit A. A s I had written earlier , this complaint adds new as-yet unidentified "John Doe" Defendants 1–10 and a claim of violation of…
Update in the Alabama iPhone Lawsuit: Smith, et al v. Apple
I last wrote about the case of Smith, et al v. Apple back in August in the following entries: In Brief: Alabama Woman Sues Over Alleged iPhone 3G Defects In Brief: Amended Complaint Filed in Alabama iPhone Case A Possible Hurdle for the Alabama 3G…
Apple Petitions Court for Leave to Amend its Complaint Against Psystar [Updated]
In a very interesting turn of events, on November 26, 2008, Apple filed a Notice of Motion and Motion for Leave to File Amended Complaint stating in part: "Through this motion, Apple seeks leave to file its Amended Complaint … attached hereto as Exhibit A…
Judges Ruling on Papermaster Now Public
In new court documents only revealed this week it is shown that a federal judge ordered Mark Papermaster to halt work at Apple because he could cause "irreparable harm" to former employer IBM. Although the ruling was made by Judge Kenneth Karas on November 7…
IBM Ponies Up a Cool 3 Million Dollars to Keep the Papermaster Injunction in Place
As previously reported by many in the Apple web, the New York Judge in the IBM v. Papermaster suit ordered IBM to post a three-million dollar bond to cover any potential damages that Papermaster may suffer if IBM fails to prove that the injunction was…
More Details on Apple's Court Victory
Earlier today , World of Apple was the first site by many hours (to my knowledge) to report that Apple had prevailed in its Motion to Dismiss Psystar's Counterclaims. It is my belief that I reported this development within minutes of the Order being entered…
Apple Prevails on its Motion to Dismiss Psystar's Counterclaims
In docket number 33 entered today: ORDER GRANTING MOTION TO DISMISS COUNTERCLAIMS by Judge Alsup granting 16 Motion to Dismiss (whalc2, COURT STAFF) (Filed on 11/18/2008) (Entered: 11/18/2008) The Order is 19 pages long. I will analyze the Order and extract interesting portions in a…
Details on the Motion to Dismiss Hearing in the Apple v. Psystar lawsuit [Updated]
After being tantalized by the scant information given by The Mac Observer regarding the courtroom arguments on Apple's Motion to Dismiss Pystar's Counterclaims, I contacted the court reporter and purchased a copy of the transcript. I cannot ethically make this available online as it would…
Papermaster Fights Back at IBM
The fight between Mark Papermaster and IBM continued this week with the former IBM employee filing a counter lawsuit against IBM. Papermaster's lawyers filed their answer to IBM's original lawsuit on Wednesday as well as filing counter claims. As is common in such cases the…
Apple Pulls Papermaster Bio
Amid uncertainty Apple has removed an executive biography from its website for Mark Papermaster the latest executive to join Apple's team. The Senior Vice President of Devices Hardware Engineering was hired from IBM and has been the centre of a lawsuit from the company. Following…
In Brief: Psystar Does Not Move to Recuse Judge
During Thursday's (11/6/08) hearing on Apple's Motion to Dismiss Psystar's Counterclaims, Psystar learned that a lawyer at the firm representing Apple had previously clerked for Judge Alsup. The Court gave Psystar until noon on Monday, November 11, 2008, to file a Motion for Recusal. I…
Papermaster Ordered to Halt Apple Employment
Over the weekend it became clear that the drama is continuing to surround Apple's latest senior employee. Mark Papermaster a previous employee of IBM was hired by Apple and officially joined last week , replacing iPod chief Tony Fadell. Later last week it was revealed…
In Brief: Court Enters Scheduling Order in Apple v. Psystar Suit
After considering the Proposed Case Management Report previously filed by the parties, the Court has entered its Scheduling Order. At first glance, it appears that nearly everything requested by the parties was granted. The important dates are as follows: 11/14/08: Last day for initial Rule…
In Brief: Court Hears Arguments on Apple's Motion to Dismiss Psystar's Counterclaims; Psystar May Move for Recusal of Judge Alsup
On Thursday, oral arguments on Apple's Motion to Dismiss Psystar's Counterclaims were heard by Judge Alsup. Macworld has a summary of the hearing, to which I refer the interested reader. Two very interesting things occurred, though I am hungry for more details from persons actually…
Now Let's Discuss the November Trial Date in the Apple v. Psystar Case
In follow-up to my article of yesterday correcting misinformation reported by some sites regarding the Case Management Scheduling Report, there is another issue being discussed that also desperately needs a heavy dose of reality. There is no shortage of articles and comments bemoaning that this…
Misinformation on the Apple v. Psystar case
I have some sound advice to the Apple web. Please do not write on legal issues if you know absolutely nothing about legal issues. For instance, MacNN and AppleInsider claimed that the recent filings, such as the proposed Case Management Scheduling Report, indicate that ADR…
In Brief: Proposed Joint Case Management Report Filed in Apple v. Psystar
Justia has the complete docket and copies of the pleadings filed as of October 30, 2008 freely available. On October 30, 2008, Apple filed a Case Management Statement and Proposed Case Management Order. I hope I can preemptively stop the myths and misinformation that might…