Apple Moves to Dismiss Psystar Case in Florida

Lora Bentley

Apple wants to be completely rid of Psystar -- and rightly so, in my opinion.


Hot on the heels of a summary judgment in its favor on copyright-infringement claims made against the Mac clone maker, Apple is asking the court to dismiss the lawsuit Psystar filed against it in Florida as duplicative of the case that is in progress in California federal court.

Computerworld quotes Apple's motion for dismissal as follows:

This case is the inseparable twin of the California action, as the legal claims and issues, the technology, the parties, and most of the facts are virtually identical...There is no reason why these legal determinations should be revisited in another court, and Psystar should not be permitted to seize upon Apple's release of a new version of Mac OS X as an opportunity to forum shop.

If the Florida court is unwilling to dismiss the case, Apple wants the case transferred to the California court that has administered its dispute with Psystar from the beginning. The case in California is scheduled to go to trial Jan. 20. That court is also expected to hear oral argument on Apple's request for a permanent injunction against Psystar on Dec. 14.

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