November 18th, 2008
Judge tosses Psystar's countersuit
A federal judge has tossed out a countersuit filed by Mac clone maker Psystar, which alleged that Apple was engaging in anticompetitive business practices by controlling both the hardware and software that makes up the Macintosh computer line. Psystar was given 20 days - until Dec. 8 - to amend its complaint to convince the judge that it has a more solid argument for its countersuit.
The judge rejected the countersuit, in part, over the allegation that Apple’s operating system is so unique that it has no “actual or potential competitors,” noting that Psystar did not present facts to support that claim. (PDF of ruling)
Apple sued Psystar in July, alleging copyright infringement, induced copyright infringement, breach of contract, trademark infringement, trade dress infringement and unfair competition. (PDF of original complaint) The following month, Psystar filed its countersuit, a move that some legal experts said was Psystar’s best chance at winning the legal battle and staying in business.
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Sam Diaz is a senior editor at ZDNet. See his full profile and disclosure of his industry affiliations.
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