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Apple Moves to Dismiss/Enjoin Psystar's FL Complaint

By Pamela Jones et al.

Apple has followed the judge's direction and filed a motion to dismiss or enjoin prosecution [PDF] of Psystar's Florida action. There is no reason, it argues to have the same issues litigated in two courtrooms 3,000 miles away from each other simultaneously. It also asks to reopen limited discovery for 45-60 days, just about the issue of the technical method Psystar uses to install Snow Leopard on its non-Apple hardware. Apple asked for this at the recent hearing, and the judge said to officially file a motion, so this is it. Apple doesn't mind if that means putting off the trial date an equivalent amount of time.

Lots of filings, quite a few sealed. What's interesting is that Apple doesn't ask to consolidate the two cases; it asks that Florida just be shut down. As a second choice, it asks that Psystar not be allowed to proceed in Florida until California is resolved. If there is anything left over, it can then proceed, but to Apple, it's all duplicative, and worse, it raises issues Psystar should and could have raised in California but failed to. It's now too late to do so there.

Full post as published by Groklaw on September 15, 2009 (boomark / email).