“After 17 months of litigation between Apple and clone Mac maker Psystar, the whole ordeal may soon be at an end, with an agreement between the two parties expected to be revealed this week,” Neil Hughes reports for AppleInsider. “Psystar on Monday filed a new document with Judge William Alsup in a San Francisco court revealing that it and Apple had entered into a ‘partial settlement’ that will be filed with the court on Tuesday.”
“Per the terms of the alleged deal, Psystar would pay Apple damages of an unspecified amount, and Apple would agree to drop the bulk of its case,” Hughes reports. “‘Psystar has agreed on certain amounts to be awarded as statutory damages on Apple’s copyright claims in exchange for Apple’s agreement not to execute on these awards until all appeals in this matter have been concluded,’ Monday’s court filing reads. ‘Moreover, Apple has agreed to voluntarily dismiss all its trademark, trade-dress, and state-law claims. This partial settlement eliminates the need for a trial and reduces the issues before this Court to the scope of any permanent injunction on Apple’s copyright claims.'”
Hughes reports, “But Psystar hopes that the court will not extend any potential injunction to its Rebel EFI product. The filing made Monday notes that Rebel EFI, which allows third-party installation of Mac OS X on unauthorized computers, is a ‘product that has not been litigated in this case, that has not been the subject of discovery in this case, that is presently the subject of litigation in the Florida case, that is composed exclusively of Psystar software, that is not sold in conjunction with any hardware, and that is sold entirely apart from any copy of Mac OS X or any computer running Mac OS X.’ Rebel EFI is a $50 application that allows certain Intel-powered PCs to run Mac OS X 10.6 Snow Leopard. In its filing last week, Apple alleged that Psystar has taken to ‘trafficking in circumvention devices,’ a practice that will irreparably harm Apple.”
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