Skip to Content

Free TUAW iPhone app -- try it now!
AOL Tech

litigation posts

Filed under: Analysis / Opinion, Apple Corporate, Hardware, OS

Psystar dealt crushing blow in ongoing legal proceedings with Apple

Yesterday, Judge William Alsup, United States District Judge for the Northern District of California, dealt Psystar a crushing blow in its ongoing litigation with Apple over whether or not Psystar could market and sell non-Apple computers running modified copies of Apple's operating system. If you're not familiar with the circus case, I refer you to, well...grab a coffee and click here. The two companies, embroiled in litigation since early last year, recently completed pre-trial discovery and each filed cross motions for summary judgment.

Judge Alsup put the ultimate hurt on Psystar when it granted Apple's motion for summary judgment and denied Psystar's motion for the same. In a sweeping order (courtesy Groklaw), the court agreed with Apple's take on the case and dismissed all of Psystar's defenses, both on the merits and for having waived and failed to properly plead.

The end result was a dramatic and startling court order in an ongoing series of dramatic legal squabbles between the two companies. And at least one of Psystar's attorneys saw this coming. The litigation doesn't end here; various issues still remain for trial such as breach of contract and trademark infringement, but Psystar has been gutted. The court is clearly unsympathetic to Psystar's core position and while damages on the copyright issues falling in Apple's favor in the order have not been ruled upon, it would probably behoove Psystar to start looking under the couch cushions for spare change.

A hearing is scheduled for December 14 on the remaining issues and for damages.

Read on for a more detailed analysis of the court's order....

Continue readingPsystar dealt crushing blow in ongoing legal proceedings with Apple

Filed under: Apple, iPhone

Engadget begins iPhone litigation crash course series: part 1 - trademarks

The litigation biz is a messy and complex one, which is why I'm thankful Engadget has rounded up law student members from the Columbia Science & Technology Law Review for a primer series covering the ins and outs of the potentially ensuing Apple/Cisco litigation. This first part covers trademarks - what they're for, how to maintain them and the available courses of action when your trademark gets the rip-off treatment.

Of particular interest to me is the fact that the owner of a trademark must be vigilant about maintaining control over it and defending their turf. If a company starts lying down and letting their 'mark run rampant, they can lose the reigns entirely. This series should be a great read for anyone interested in a quickie IP law education without all the student loans and all-nighters.

Filed under: iPod Family, iTS, Software, iTunes, Apple

Patent infringement lawsuit hits Apple

In a move that screams 'I was waiting for the right time to mention it,' Burst.com yesterday filed a patent counterclaims lawsuit against Apple Computer, claiming that their iTunes, iTMS, iPod and QuickTime Streaming infringe on four of their patents.

It appears that this time around Apple actually fired first. Earlier this year, Apple asked the courts to render Burst's patents invalid, which sparked this counterclaim they filed yesterday. Burst has stated that they had hoped to avoid the courts and negotiate a "reasonable license fee," but it seems that a court is exactly where these two companies will need to settle the dispute.

Check out Macworld's article if you're interested in more details surrounding the case.

Tip of the Day

To get an instant map to any address, just go to your Address Book and right click on the address field of any one of your contacts and select "Map Of." The address will then be revealed in Google Maps on Safari. You can do the same if a data detector determines there is an address in an e-mail in Mail.


Follow us on Twitter!
 TUAW [Cafepress]

Featured Galleries

DNC Macs
Macworld 2008 Keynote
Macworld 2008 Build-up
Google Earth for iPhone
Podcaster
Storyist 2.0
AT&T Navigator Road Test
Bento for iPhone 1.0
Scrabble for iPhone
Tom Bihn Checkpoint Flyer Briefcase
Apple Vanity Plates
Apple booth Macworld 07
WorldVoice Radio
Quickoffice for iPhone 1.1.1
Daylite 3.9 Review
DiscPainter
Mariner Calc for iPhone
2009CupertinoBus
Crash Bandicoot Nitro Kart 3D
MLB.com At Bat 2009
Macworld Expo 2007 show floor

 

More Apple Analysis

AOL Radio TUAW on Stitcher