“The Miami-based Macintosh clone maker that was sued by Apple Inc. earlier this month has retained a law firm that has beaten Apple in the past, court documents show,” Gregg Keizer reports for Computerworld.
MacDailyNews Take: It’s a stretch to describe an out of court settlement outcome as “beaten.”
Keizer continues, “In a Monday filing that extended Psystar Corp.’s deadline to respond to Apple’s lawsuit, the company was represented by lawyers from Carr & Ferrell LLP, a Palo Alto, Calif.-based firm that touts its intellectual property (IP) expertise on its Web site.”
“Apple [has] charged Psystar with multiple counts of violating copyright, trademark, breach-of-contract and unfair-competition laws by installing Mac OS X 10.5 on Intel-based computers that it has sold since April. According to the lawsuit, Psystar violated the Mac OS X end-user licensing agreement (EULA) when it installed Leopard on its OpenComputer desktops and OpenServ servers, both which can be ordered from the company with Apple’s operating system onboard,” Keizer reports.
Psystar’s lawyers “were among the lawyers who represented Santa Rosa, Calif.-based Burst.com Inc. in its patent-infringement case against Apple that started in 2006. The case was settled out of court late last year when Apple agreed to pay Burst $10 million to license its audio- and video-streaming patents. Burst had accused Apple of using its technology in the iPod player and the iTunes online music store,” Keizer reports.
More in the full article here.
Regardless of the outcome, the “cloning” issue will likely be rendered moot once we find out what Apple has up their sleeve regarding custom chipsets, and/or P.A. Semi, and/or ARM.