“Apple has asked a U.S. District Court judge to dismiss Psystar’s counterclaims against the company,” Larry Dignan blogs for ZDNet.

“As background, Apple launched a suit against Psystar alleging that the Mac clone maker harmed its brand. Psystar fired back arguing that Apple was abusing monopoly power and launched its own lawsuit,” Dignan blogs. “On Sept. 30, Apple fired back at Psystar in a strongly worded 23-page court filing and gave a heads up that it will ask for the Psystar suit to be dismissed in a hearing Nov. 6 with judge William Alsup.”

Full article here.

APPLE INC.’S NOTICE OF MOTION AND MOTION TO DISMISS PSYSTAR’S COUNTERCLAIMS:

Defendant Psystar Corporation is knowingly infringing Apple’s copyrights and trademarks, and inducing others to do the same. Psystar makes and sells personal computers that use, without permission, Apple’s proprietary operating system software. In an obvious attempt to divert attention from its unlawful actions, Psystar asserts deeply flawed antitrust counterclaims designed to have this Court force Apple to license its software to Psystar, a direct competitor. The Court should reject Psystar’s efforts to excuse its copyright infringement, and dismiss these Counterclaims with prejudice.

Ignoring fundamental principles of antitrust law, and the realities of the marketplace, Psystar contends that Apple has unlawfully monopolized an alleged market that consists of only one product, the Macintosh® computer. However, in direct contradiction to Psystar’s claimed Mac®-only market, Psystar admits that “a seemingly infinite list of manufacturers may be found in the computer hardware system marketplace,” including “Dell, Acer, Lenovo, Sony, and Hewlett-Packard to name but a few.”

…Psystar’s effort to assert antitrust claims premised on the existence of a relevant product market restricted solely to Apple’s products fails as a matter of law.

The full 23-page court filing here.