Psystar — page 4
84 posts filed under Psystar
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…
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…
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…
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…
Psystar Incorporates Blu-Ray, So What?
Editors note: This article contains the opinions of the author The blogs are a-buzz with the news that Psystar has incorporated Blu-Ray players into their OpenComputer line. Is this a big deal? Yes and no. Bottomline? Yawn. First, commenters on various articles, such as one…
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.