“Apple’s legal team, lead by James G. Gilliland, Jr. has provided the Northern District of California Court with a persuasive response brief in support of its motion to dismiss Psystar’s counterclaims. Psystar’s counterclaim, based on antitrust arguments against Apple is also its defense, so if the counterclaim is dismissed, Apple’s case against Psystar gains considerable momentum,” John Martellaro reports for The Mac Observer.
“An attorney who is following the Apple v. Psystar case, and wishes to remain anonymous, has provided TMO with analysis of Apple’s ‘Reply Brief in Support of Apple Inc.’s Motion to Dismiss Psystar’s Counterclaims,'” Martellaro reports.
“At issue is Psystar’s counter claims is that Apple has a monopoly in Mac OS X and they should be allowed to compete in that market. The claim is similar to a claim that General Motors has a monopoly in its Buick ‘brand’ and that other companies should be able to copy and sell Buicks,” Martellaro reports.
“In the opinion of the attorney who contacted TMO, Psystar’s antitrust claims are fatally flawed and fail to meet the standard set forth by the Supreme Court ruling in Twombly,” Martellaro reports. “Single brands within a competitive market are not recognized by the courts as a monopoly unless the brand has ”market power.’ Other federal courts have held that the Mac OS X is one OS in a market that consist of other competing operating systems and that Apple does not have market power, because its market share is less than 30%,’ he said.”
More in the full article here.
[Thanks to MacDailyNews Reader “James W.” for the heads up.]