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Apple Files Reply Memo on Motion to Dismiss or Enjoin; Psytar Asks for Discovery Sanctions Again

By Pamela Jones et al.

Lots of activity in Apple v. Psystar, including Apple's filing its Reply Memorandum [PDF] regarding Apple's motion to dismiss or enjoin prosecution of the Psystar Florida litigation. Here's what Apple is responding to, if you'd like to compare, Psystar's Memorandum in Opposition to Apple's motion. Also there are three declarations in support of Apple's motion, one sealed, and one in which the declarant tells about registering copyright in Snow Leopard on Sept. 16 and it issuing on Sept. 21. So much for Psystar's allegation that there was no registered copyright on Snow Leopard. I couldn't figure out why Psystar even said that, frankly.

And the parties are fighting about Jacques Vidrine again. If you noticed, Apple filed under seal a declaration by Vidrine, docket number 137, with its motion to dismiss or enjoin prosecution, after telling the judge at the last hearing that it wouldn't be using him as an expert for trial and the judge so ordering. So once again, Psystar is claiming Apple violated that order by submitting the Vidrine declaration and is asking for sanctions, also that Vidrine's declaration be stricken. One thing is clear. Psystar really, really, really doesn't want Jacques Vidrine to testify about changes in Apple's technological protection measures in Snow Leopard.

Full post as published by Groklaw on September 23, 2009 (boomark / email).