Apple is going for the proverbial knockout blow against Psystar by filing for a request to dismiss Psystaris countersuit with prejudice. If granted, it would knock the wind out of Psystaris defenses.
In court documents filed by Apple yesterday, Appleis lead counsel James Gilliland is seeking a dismissal of Pystaris 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.
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The court will hear Appleis request for dismissal of the countersuit on November 6th.
If the court agrees and dismisses the countersuit, it will have grave consequences for Pystaris defense in Appleis original suit against them, an attorney who is following the case, but asked not to be identified, told TMO. Thatis because the principle claim of the countersuit, antitrust, is also part of Psystaris 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 Appleis Mac OS X with its PC clones. Opinions have varied about whether an Antitrust defense by Psystar would work.