Apple, Psystar Agree to Partial Settlement

Lora Bentley

The Mac Observer reported Tuesday that Apple and Psystar have reached a partial settlement in the intellectual property lawsuit Apple filed in federal court in California several months ago. As a result, the case will not go to trial in January. Writer Jeff Gamet says, "In exchange for its concessions on the potential injunction, Apple agreed to dismiss its trademark, trade-dress and state law claims, and agreed to pre-set damages for its other claims."


A little refresher for those of you who haven't kept up with the docket on this one:


Psystar is a Florida-based startup that started advertising -- and selling -- Apple's OS X on non-Apple hardware early last year. The Open Computer, as it was called, gave users the functionality of a Mac without the high price. Not surprisingly, the move -- or should I say stunt? -- captured the attention of the tech media. Psystar representatives indicated they had the right to sell said computers notwithstanding Apple's EULA, which specifically prohibits installation of Apple software on non-Apple hardware without permission, because Apple was overstepping its bounds with such a requirement.


When Psystar refused to stop selling Mac clones, Apple filed suit against it. Then Psystar countersued Apple, the countersuit was dismissed and Psystar was allowed to amend its complaint. Somewhere in the middle of it all, Psystar sought bankruptcy protection, and when the company emerged from the reorganization process, filed a second suit against Apple. Then came the ruling on Apple's motion for summary judgment and the request for a permanent injunction.


From what Gamet says in The Mac Observer, Psystar is not overly concerned that Apple's request for an injunction covers all iterations of OS X, including the recently released Snow Leopard. A "legal contact" quoted in the piece says the issue "is neither fully briefed, cogently argued, and has no supporting case law or other legal authority." As such, the parallel case Psystar filed in federal court in Florida will likely be transferred to federal court in California.


Apple reportedly has until Dec. 7 to respond to the initial settlement filing. Like I have said at least once before, Psystar should just let go and move on, already.

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