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Apple v. Psystar Hearing is Today; Apple Allowed to Reply to Psystar's Supplemental Briefing, Despite Psystar Opposition

By Pamela Jones et al.

The hearing is today in the Apple v. Psystar discovery dispute and status hearing.

You can tell what they will be talking about even if you can't be there in person by reading all the filings. Apple has been given permission [PDF] to file its Reply Memorandum [PDF] to Psystar's Supplemental Briefing on the discovery issues, despite opposition from Psystar [PDF]. If you recall, Apple told the court that Psystar raised new arguments for the first time in that supplemental briefing, and Apple wanted a chance to reply, and they have been given permission to do that. And the judge decided [PDF], due to a cancellation, to open today's hearing and status conference an hour earlier, at 10 AM.

Apple in its Reply Memorandum listed two -- or three depending on how you group them -- new arguments Psystar raised in its supplemental briefing, but Psystar chose to respond to only one of them in its opposition, so of course Apple prevailed on this motion. I suspect Psystar knew Apple would be given an opportunity to respond, which is why it didn't answer all the points. What Psystar's attorney does respond to is the Nesson confidentiality issue regarding his and Psystar's emails showing up on Charles Nesson's blog, saying he only discussed legal issues with him, which he has a right to do, he writes, and says he didn't violate the protective order and won't. But that left Apple with the last word on the question of whether Apple's profit margins are relevant, and that's what today's hearing is principally about.

Full post as published by Groklaw on September 04, 2009 (boomark / email).