Apple asks for lawsuit dismissal with 'prejudice'
Apple is asking the judge presiding over the company's lawsuit against Psystar to dismiss the cloner's antitrust lawsuit "with prejudice."
IGM notes that a motion to dismiss is a very normal part of the lawsuit process. Asking to dismiss "with prejudice" is a little more severe, but not necessarily uncommon, and if the motion is granted it would make it impossible for Psystar to re-file the case in the future.
"Defendant Psystar Corporation is knowingly infringing Apple's copyrights and trademarks, and inducing others to do the same. ... 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," Apple's lawyers wrote in a court filing September 30.
The next hearing in the trial is schedule for November 6, when judge William Alsup will hear the motion for dismissal.
[Via ZDNet and MacsimumNews.]
