updated 03:00 pm EST, Thu February 26, 2009
Apple Psystar order filing
Following Psystar's recent amendment of its counterclaims against Apple, both parties have submitted a joint filing for protective order that aims to prevent the public release of any proprietary information during the discovery process that will lead into the trial. "The parties and their counsel have agreed to certain procedures and restrictions that they consider mutually acceptable for protecting personal, proprietary and confidential information that may be disclosed during prosecution and defense of this litigation," the filing read.
The protected information could represent a number of items such as software code, copyright protection methods or specific testimony. "If any party or third party believes that disclosure of Discovery Materials would affect its competitive position, security interests, intellectual properties, or technological developments in an adverse manner,that party or third party may designate the Discovery Materials as 'CONFIDENTIAL - ATTORNEYS' EYES ONLY,'" the order states, according to AppleInsider.
Both parties will be able to screen the opponent's expert witnesses before any sensitive material is presented, while any approved individuals must sign an agreement to prevent disclosure of the information to competitors for the duration of a year after the trial.
Apple's initial complaints and Psystar's defense both include references to software code. Each side must provide a secured computer, without access to the Internet or a network, that will be available in a secure room at the law offices of the lawyers. Every person that enters the room is required to sign a log, and no record of the software code can be made except by a laser printer with "reasonable printing speeds for on-site printing during inspection of the Software Code."
The companies have battled back and forth in the beginning stages of the proceedings. Psystar filed a countersuit and Apple attempted several times to have the case dismissed. The court agreed in part with Apple, but allowed the clone-maker to submit an amended version of the counterclaims which include accusations of copyright abuse to quash competition.
The formal trial is tentatively scheduled for November 9th.