Apple Legal News — page 7
201 posts filed under Apple Legal News
In Brief: Apple Volleys Back in Reply to Psystar (UPDATED)
On October 23, 2008, Apple filed its Reply Brief in Support its Motion to Dismiss Psystar’s Counterclaims. In its introduction, it argued precisely as I had suspected, to wit: Psystar argues that its antitrust and unfair competition claims should proceed even though the allegations in…
In Brief: Case Management Meeting Rescheduled in Psystar Case
Filed on behalf of the Judge on October 10, 2008 and served electronically upon the parties: YOU ARE NOTIFIED THAT because the Court will be unavailable, the case management conference previously set for October 23, 2008 at 11:00 a.m. has been rescheduled for November 6…
In Brief: Psystar filed its Opposition to Apple's Motion to Dismiss
On October 16, 2008, Psystar filed its Opposition to Apple's Motion to Dismiss its Counterclaim. You may download the filings here: Psystar's Opposition to Apple's Motion to Dismiss Affidavit of Christophe P. Grewe, Esq. in Support of Psystar's Opposition to Apple's Motion to Dismiss Exhibit…
More Misinformation Regarding Apple and Psystar
As reported in my article earlier this morning, misunderstandings abound with regards to the agreement of Apple and Psystar to engage in alternative dispute resolution. For example, TechSpot reports in an article entitled "Apple and Psystar to settle out of court": By involving themselves in…
In Brief: Did Apple Waive its Right to Trial in the Psystar Suit? (corrected and appended)
On October 1, 2008, Apple and Psystar filed a Stipulation with the Court agreeing to participate in three different forms of alternative dispute resolution (ADR) by January 31, 2009 as follows: Non-Binding Arbitration; Early Neutral Evaluation; and Mediation 1 . I did not report on…
UPDATED In Brief: Apple Volleys Back
As per yesterday's deadline, Apple filed a 23-Page Motion to Dismiss Psystar's Counterclaim rather than filing a Response. It also filed a Request for Judicial Notice with Exhibits. I have not yet had a chance to read these filings but will report further as I…
In Brief: Apple and Psystar Stipulate to Extension
Today, Apple and Psystar agreed to extend the time in which Apple is due to respond to the Counterclaims filed on August 28, 2008 until September 30, 2008. Apple gave Psystar a similar extension to respond to the initial suit. While the case may be…
Psystar Response Review Part One (and update)
I am doing my first pass through this thing and will offer more substantive thoughts later, but one would think that an error such as calling the Mac OS "Max OS" would not have made it through the proof-reading process. Okay, probably petty, but I…
JUST IN: Psystar's Answer and Counterclaim is now Docketed
I will be printing out the 54 page document and taking a good look at it. More tomorrow or later tonight.
UPDATE: Psystar musings
Okay Cult of Mac beat me to posting this thought (boo! hiss!), but I am sure more people than just Leigh McMullen and I thought of this today. And Leigh, I spelled the company name correctly, unless there is some pun that just flew over…
UK iPhone Advert Labelled 'Misleading'
It is being reported today that the Advertising Standards Authority in the UK has ruled an iPhone ad as 'misleading'. During the advert ( viewed here ) the voiceover read "all the parts of the internet are on the iPhone". But today the ASA said…
UPDATE #3: Psystar Filings?
Still not on the Court docket sheet, but since I am in the Eastern Time Zone, I didn't really expect them to be. I will check again once the Court opens in California. As of 2:00pm EST, the filings still have not appeared on the…
UPDATED: Psystar's Attorney Reports Answer and Countersuit Filed
[via ComputerWorld ] Psystar's attorney Colby B. Springer has reported that an Answer and Countersuit has been filed in the case of Apple, Inc. v. Psystar Corporation pending in the District Court for the Northern District of California, San Francisco Division (Case No. 3:08-cv-03251-WHA, the…
A Possible Hurdle for the Alabama 3G iPhone Suit
Of course my Internet connection crashed while I had the relevant article on my RSS feeder, but several reports have come up over the past few days that the 3G antennae contained in the iPhone is not faulty/defective. The Plaintiff in the iPhone case may…
In Brief: Amended Complaint Filed in Alabama iPhone Case
Today, Plaintiff Jessica Alena Smith, filed an Amended Complaint in the case of Jessica Alena Smith on behalf of herself and all others similarly situated v. Apple, Inc. in the Northern District of Alabama (Case No. 2:08-cv-01498-WMA, Judge William M. Acker, Jr. presiding). I have…
In Brief: Alabama Woman Sues Over Alleged iPhone 3G Defects
On August 19, 2008, in the Northern District of Alabama (Case No. 2:08-cv-01498-WMA, Judge William M. Acker, Jr. presiding) Jessica Alena Smith filed a Class Action Complaint against Apple, Inc. allegeding that the iPhone 3G did not live up to the ubiquitous advertised promise of…
In Brief: Psystar's Response to Apple's Suit Now Due August 28, 2008
According to the The MacObserver , Psystar's attorneys petitioned the Court for an additional extension to respond to Apple's Complaint filed on July 8, 2008 in United States District Court, Northern District of California. It appears that Apple agreed to this extension. Of note, the…
Ex-Apple General Counsel Settles Backdating Charges
BusinessWeek reports that former Apple general counsel Nancy Heinen has accepted a series of sanctions and agreed to pay $2.2 million to settle backdating charges filed against her with the SEC (Securities and Exchange Commission). Heinen was charged at a federal level by the SEC…
Apple Sues Clone Mac Maker
AppleInsider is reporting that Apple is suing Psystar, makers of computers which have hacked versions of Mac OS X installed. Apple filed a formal complaint in the U.S. District Court for the Northern District of California on July 3rd. Although exact details are not known…
Top Apple Execs Face Legal Action Over Backdating Fiasco
Top Apple executives including CEO Steve Jobs are once again facing legal action over the backdating scandal. Last year Apple had the high profile case against the company dismissed after both the US Securities and Exchange Commission and an internal investigation. Apple shareholders Kenneth Mahoney…