updated 03:20 pm EST, Mon November 3, 2008
Apple, Psystar set date
An advance out-of-court settlement in the dispute between Apple and Psystar is now unlikely to happen, filings show. The two companies have been involved in a process called Alternative Dispute Resolution, designed to avoid the time and cost of a court battle; both corporations are recently, however, said to have asked a judge to authorize a proposed court schedule, in which fact discovery would end in late June of next year, and a trial would be set for November 9th. Actual dates could vary substantially.
"The Parties do not believe that this type of case can be handled on an expedited basis with streamlined procedures," the filing reads. Psystar lawyer Colby Springer may have hinted at this decision in late October, when he insisted that ADR was merely a mandatory process, and that no peaceful solution to the lawsuit was at hand.
Apple filed suit against Psystar in July, accusing the company of violating the license agreement in Mac OS X by installing Leopard on unauthorized PC hardware. Psystar in turn filed a countersuit, on the basis that the license creates a monopoly over Mac sales that eliminates competition. Apple has moved to have the latter case dismissed, and a ruling is due November 6th.