Court denies Apple’s motion to include Snow Leopard in current case against Psystar

“After Apple allegedly changed its mind on whether to include Snow Leopard in an ongoing suit with Psystar, a U.S. District Court judge has denied the Mac maker’s request,” Neil Hughes reports for AppleInsider.

“In a new ruling issued Thursday, Judge William Alsup denied Apple’s motion to re-open the case’s discovery period, which has concluded, to include Snow Leopard. Alsup said that Apple ‘fought hard’ to keep Snow Leopard out of the trial at first, only to later change its mind,” Hughes reports. “‘Some discovery was permitted on Snow Leopard by Apple, but it was adamant that Snow Leopard was not relevant (due to its status as an unreleased product),’ he wrote.”

Hughes reports, “But after the discovery period in the trial ended, Psystar sued Apple in a separate case, requesting that the clone Mac maker be granted the ability to buy copies of the new operating system to install on non-sanctioned computers. Psystar requested an injunction in a Florida U.S. District Court, along with damages, due to Apple’s “anticompetitive attempts to tie Mac OS X Snow Leopard to its Macintosh line of computers.” Alsup hypothesized in his ruling that Apple was caught by surprise by Psystar’s separate suit.”

Full article here.

Edible Apple reports, “In his ruling, Alsup stated… ‘If Snow Leopard was within the scope of its own complaint herein, as it now suggests, then Apple should have welcomed discovery theron rather than, as it did, object to discovery directed at Snow Leopard and effectively taking Snow Leopard out of the case. Apple even chose when to release Snow Leopard and it chose to do so after all opportunity to take discovery on it had ended. The problem is largely one of Apple’s own making.'”

Edible Apple reports, “Judge Alsup’s ruling, however, doesn’t rule out the eventual possibility of a case consolidation, but it certainly doesn’t make it seem likely. ‘Trial is looming early next year. It would now be too prejudicial and too disruptive to re-open the case on the theory that maybe the other action will come here too… This is without prejudice to any motion before Judge Hoeveler to transfer the Florida action here, as to which this order expresses no opinion and is without prejudice, in the event of a transfer, to a new motion to modify the case management schedule.'”

Full article here.

[Thanks to MacDailyNews Reader “Lynn W.” for the heads up.]

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